Minutes of Ordinary Meeting of Council - 23 July 2013 · Web viewApologies were received from Crs Borg and Carli. 3. Declaration of Any Pecuniary Interest, Other Interest or Conflict

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MELTON CITY COUNCIL

Minutes of the Ordinary Meeting of the Melton City Council

23 July 2013

THESE MINUTES CONTAIN REPORTS DEALT WITH AT A CLOSED MEETING OF

COUNCIL

MINUTES OF THE ORDINARY MEETING OF COUNCIL 23 JULY 2013

TABLE OF CONTENTS

1. OPENING PRAYER AND RECONCILIATION STATEMENT 5

2. APOLOGIES AND LEAVE OF ABSENCE 5

3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR 5

4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 6

5. PETITIONS AND JOINT LETTERS 6

6. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING 6

7. PUBLIC QUESTION TIME 6

8. PRESENTATION OF STAFF REPORTS 6

8.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCIL 7For Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

8.2 DJERRIWARRH FESTIVAL COMMITTEE MINUTES 1 JULY 2013 9

To present the unconfirmed minutes of Djerriwarrh Festival Advisory Committee meeting held on 1 July 2013.

8.3 COMMUNITY LEARNING BOARD MINUTES 27 JUNE 2013 11This report advises Council of the minutes of the Community Learning Board meeting held on 27 June 2013 and recommends actions emanating from the minutes.

8.4 SUBURB NAMING ADVISORY COMMITTEE MINUTES 4 JULY 2013 13To inform Council of the minutes of the Suburb Naming Advisory Committee meeting held on 4 July 2013.

8.5 POLICY REVIEW PANEL MINUTES 15

This report presents to Council Minutes of the Policy Review Panel meeting held on 4 July 2013 for adoption of the Committees recommendations.

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8.6 RECONCILIATION ACTION PLAN 2010-2014 17To inform Council on the progress of implementation of the Reconciliation Action Plan 2010 – 2014 and opportunities to enhance the Reconciliation process.

8.7 COMMUNITY FUNDING OUTCOMES 2012/13 21

To provide an overview of outcomes of Council’s 2012/13 Community Funding Program.

8.8 MELTON CITY COUNCIL FUNDING ADVOCACY OUTCOMES 2012/2013 26To present a summary of external funding received by Council during the 2012/2013 financial year as an outcome of Council’s strong advocacy role in successfully applying for grants.

8.9 PLANNING APPLICATION PA2013/3910 - TWO LOT SUBDIVISION AT 13 SPRINGBANK WAY, BROOKFIELD 29To consider a planning application for two lot subdivision at 13 Springbank Way, Brookfield.

8.10 PLANNING APPLICATION PA2013/3945 - SUBDIVISION OF LAND INTO TWO LOTS AT 8 BUCKLE ROAD, KURUNJANG 35To consider a planning application for subdivision of land into two lots at 8 Buckle Road, Kurunjang.

8.11 CONSIDERATION OF THE DRAFT MELBOURNE AIRPORT MASTER PLAN 2013 46To consider the draft Melbourne Airport Master Plan 2013, and provide feedback to Melbourne Airport on the content of the draft Master Plan.

8.12 MELTON HIGHWAY ADVISORY COMMITTEE MEETING - 4 JULY 2013 52To consider the minutes of the Melton Highway Advisory Committee Meeting of 4 July 2013.

8.13 ANNUAL ACCELERATED SEALING PROGRAM 54To seek Council endorsement for the works proposed in the Annual Accelerated Sealing Program.

8.14 ROAD 2 ZERO ACTION PLAN 2013-2016 56To seek Council endorsement of Melton City Council’s Community Road Safety Strategy Action Plan for a further 4-year period 2013-2016 ‘Road 2 Zero Action Plan 2013-2016’.

8.15 CALDER HIGHWAY 58To seek Council endorsement for the works priorities outlined by the Calder Highway Improvement Committee, and to update Council on the current speed restrictions on the Calder Highway in the vicinity of the City of Melton.

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8.16 DELEGATIONS OF AUTHORITY EXERCISED - 1 JANUARY 2013 TO 31 JULY 2013 61To advise Council of Delegations of Authority exercised for the period 1 January 2013 to 30 June 2013.

8.17 MEETING PROCEDURE LOCAL LAW (2013) 63To make Meeting Procedure Local Law (2013) as set out and contained in Appendix 1.

8.18 VICTORIAN LOCAL GOVERNMENT WOMEN'S CHARTER 66For Council to reaffirm its commitment to the Victorian Local Government Women’s Charter and endorse a Charter Champion and Women’s Charter Action Plan.

9. REPORTS OF COMMITTEES 68

10. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 69

10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS FROM COUNCILLORS IN THEIR ROLE AS DELEGATES TO OTHER BODIES 70

10.2 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR 71 Mr Ian Dobbs, Chief Executive, Public Transport Victoria – Melton Rail

Duplication

10.3 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989 72 2 July 2013 Record of Assembly of Councillors

9 July 2013 Record of Assembly of Councillors


11. NOTICES OF MOTION 72

11.1 NOTICE OF MOTION 364 (CR MAJDLIK) LOCAL WOMEN'S RECOGNITION AWARD 73

11.2 NOTICE OF MOTION 365 (CR MAJDLIK) SISTER CITY PROGRAM 74

12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE 75

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13. MOTIONS WITHOUT NOTICE 75

14. URGENT BUSINESS 75

15. CONFIDENTIAL BUSINESS 76

15.1 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 29 77To consider the minutes of the Property Development Advisory Committee from 2 July 2013 (meeting number 29).

15.2 2013/2015 CULTURALLY AND LINGUISTICALLY DIVERSE ADVISORY COMMITTEE 78

To present Council recommendation on the appointment of committee membership for Council’s Cultural and Linguistically Diverse Advisory Committee (CALDAC).

15.3 TENDER OF MUNICIPAL LOAN 174 79For Council to consider the tender process related to Municipal Loan 174.

15.4 CEO'S PERIODICAL ASSESSMENT REPORT 80To inform the Council of the Review Panels periodical assessment for the Chief Executive Officer.

16. CLOSE OF BUSINESS 81

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MELTON CITY COUNCIL

MINUTES OF THE ORDINARY MEETING OF THE MELTON CITY COUNCIL HELD IN THE COUNCIL CHAMBER, CIVIC CENTRE, 232 HIGH STREET, MELTON ON 23 JULY 2013 AT 7.05PM

Present: Cr K.Majdlik (Mayor)Cr B.Turner (Deputy Mayor)Cr R.CugliariCr N.DunnCr S.Ramsey

Mr K.Tori, Chief Executive OfficerMr P.Bean, General Manager Corporate ServicesMr M.Heaney, General Manager Community Services Mr L.Shannon, General Manager Planning and DevelopmentMr B.Baggio, Manager Planning Mr D.Hogan, Manager Customer EngagementMs A.Raijer, Communications Coordinator

1. OPENING PRAYER AND RECONCILIATION STATEMENT

The Mayor, Cr Majdlik read the opening prayer and reconciliation statement.

2. APOLOGIES AND LEAVE OF ABSENCE

Apologies were received from Crs Borg and Carli.

3. DECLARATION OF ANY PECUNIARY INTEREST, OTHER INTEREST OR CONFLICT OF INTEREST OF ANY COUNCILLOR

Cr Cugliari declared a conflict of interest in item 8.16 of the agenda and in accordance with Section 79(3) of the Local Government Act 1989, had advised the Chief Executive Officer in writing of her interest prior to the commencement of the meeting.

The meeting was interrupted by continuing interjections from members of the gallery. The Mayor called the gallery to order on several occasions to no avail. The Mayor directed interjecting members of the gallery to leave, which they refused to do, therefore the Mayor adjourned the meeting and directed that police be called to assist in restoring order.

The Mayor adjourned the meeting at 7.08pm.

The Mayor resumed the meeting at 7.38pm.

Cr Turner, as a Board member of ‘The Gap on Graham’ who have received funding from Council, declared a conflict of interest in item 8.7 of the agenda.

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Mr Tori declared a conflict of interest in item 15.4 of the agenda as the report relates to the outcome of the Chief Executive Review Panel.

4. ADOPTION AND CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Crs Cugliari/Turner.

That the Minutes of the Ordinary Meeting of Council held on 25 June 2013 and Special Meeting of Council held on 9 July 2013 be confirmed as a true and correct record.

CARRIED

5. PETITIONS AND JOINT LETTERS

Nil.

6. RESUMPTION OF DEBATE OR OTHER BUSINESS CARRIED OVER FROM A PREVIOUS MEETING

Nil.

The Mayor made the following statement to the meeting:-

Being respectful of due process and the role of the Local Government Inspectorate, I have thus far refrained from making public comment in respect of the allegations made against me in relation to the 2012 Council election. However given the now broad public reporting of the allegations I believe I need to clearly place on record my position in this matter. The allegations, made by another candidate, are strenuously denied by myself. There is no substance to the allegations, and I have fully co-operated with the Inspectorate during their investigation, however I anticipate that it will be some weeks before the Inspectorate will formally advise whether the matter will be proceeded with.

I will not be making any further comment in relation to this matter until after that time, and I will not be standing down from my position as an Elected Councillor and Mayor of Melton City Council.

7. PUBLIC QUESTION TIME

Procedural MotionCrs Ramsey/Turner.

That agenda item 7 be considered after item 8 in this agenda, presentation of staff reports.

CARRIED

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8. PRESENTATION OF STAFF REPORTS

Procedural MotionCrs Ramsey/Turner.

That recommendations as printed in items 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.8, 8.9, 8.10, 8.11, 8.12, 8.14, 8.15, 8.17 and 8.18 be adopted in block.

CARRIED

8.1 AUTHORISING OF AFFIXING THE COMMON SEAL OF COUNCILAuthor: Christie Shields- Governance Officer

Presenter: Peter Bean- General Manager Corporate Services

PURPOSE OF REPORTFor Council to adopt the schedule of documents (Appendix 1) requiring the Common Seal of Council.

RECOMMENDATION:That the Council Seal be affixed to the documentation as detailed in the Schedule for Authorising of Affixing of the Common Seal of Melton City Council dated 23 July 2013 and appended to this report. (Appendix 1)Crs Ramsey/Turner. That the recommendation be adopted.

CARRIED

REPORT

1. Executive SummaryDocuments requiring the Common Seal of Council to be affixed are detailed in (Appendix 1).

2. Background/IssuesUse of the Council Seal is required where Council as a body corporate is required to acquit a document or agreement for the purpose of performing its functions and exercising its powers.

The Local Government Act 1989 prescribes that a Council must have a common seal, and that the common seal must –

(a) Bear the name of the Council (which name may refer to the inhabitants of the municipal district) and any other word, letter, sign or device the Council determines should be included; and

(b) Be kept at the Council office; and

(c) Be used in accordance with the local laws of the Council.

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Council’s Meeting Procedure Local Law 2004 prescribes the use of Council’s Common Seal and the authorized officers who have the authority to sign every document to which the common seal is affixed.

3. Council Plan Reference and Policy ReferenceThe Melton City 2013-2017 Council Plan refers to the need to:

2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability

2.6 Ensure timely compliance with statutory and regulatory obligations.

4. Financial ConsiderationsThere are no financial considerations relating to the use of the Council Seal.

5. Consultation/Public SubmissionsNot applicable.

6. Risk AnalysisEnsuring that the Council Seal is only affixed in accordance with a resolution of Council controls the potential risk of the seal being incorrectly affixed to a document.

7. OptionsNot applicable.

LIST OF APPENDICES1. Schedule for Authorising of Affixing The Common Seal

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8.2 DJERRIWARRH FESTIVAL COMMITTEE MINUTES 1 JULY 2013Author: Madeleine Millson- Events Support Officer


PURPOSE OF REPORT

To present the unconfirmed minutes of Djerriwarrh Festival Advisory Committee meeting held on 1 July 2013.

RECOMMENDATION:That:-

1. The unconfirmed minutes of Djerriwarrh Festival Advisory Committee Meeting of 1 July 2013 be noted.

Crs Ramsey/Turner. That the recommendation be adopted.

CARRIED

REPORT

1. Executive SummaryThe Djerriwarrh Festival Advisory Committee met on 1 July 2013 and discussed a range of planning and logistical issues in relation to the annual Djerriwarrh Festival. There are no recommendations for Councils approval within the unconfirmed minutes attached as Appendix 1.

2. Background/IssuesThe Djerriwarrh Festival Advisory Committee is a key community committee dedicated to the planning and delivery of the annual Djerriwarrh Festival.

The appointment of the committee supports the ongoing planning and preparation of this signature event and encourages a diverse program of opportunities that will achieve maximum community participation.

The Terms of Reference includes membership of the Djerriwarrh Festival Advisory Committee at a maximum of fourteen community members plus one Councillor Representative and one Council staff member.

3. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan references:

3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City

3.2. Build resilient people and communities through opportunities to participate in community life.

3.3. Develop an environment that supports imagination, creative expression and engagement in cultural experiences.

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3.5. Build an inclusive community that embraces and values cultural diversity and celebrates our collective heritage.

3.6. Create a safer community through building a sense of belonging and community pride.

4. Financial ConsiderationsOperational costs for the Djerriwarrh Festival are contained within Council’s recurrent operational budget.

5. Consultation/Public SubmissionsNil.

6. Risk AnalysisNot applicable.

7. OptionsCouncil may choose to endorse, amend or reject the recommendation as put.

LIST OF ATTACHMENTS1.

Djerriwarrh Festival 2013 - July Meeting Minutes

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8.3 COMMUNITY LEARNING BOARD MINUTES 27 JUNE 2013Author: Peter Blunden- Life Long Learning Officer


PURPOSE OF REPORTThis report advises Council of the minutes of the Community Learning Board meeting held on 27 June 2013 and recommends actions emanating from the minutes.

RECOMMENDATION:1. That the unconfirmed minutes of the Community Learning Board meeting held on 27 June

2013 be noted; and

2. Council endorse the recommended actions as detailed in the minutes of the Community Learning Board meeting held on 27 June 2013. (Appendix 1); and

3. The draft Community Learning Plan Action Plan for 2013-14 appended to this report be noted. (Appendix 2)


CARRIED

REPORT

1. Background/IssuesThe Community Learning Board meets bi-monthly and considers matters relating to employment, education and learning within the City.

Council established the Community Learning Board in 1998 to promote the importance of lifelong learning to the social and economic development of Melton. The Community Learning Board connects those involved within the City in these endeavours in a forum to improve opportunities for the community to learn. Membership is drawn from all learning sectors, industry and community organisations and also comprises a number of ex officio members from Council and other formal education service providers.

The Board has two working parties that concentrate on various elements of lifelong learning and implement the Community Learning Plan 2011-2014. They are the Economic Development and Lifelong Learning Working Party and the Social Inclusion and Lifelong Learning Working Party. There is also a Kindergarten Working Party that is a joint activity of the City’s Early Years Partnership and the Community Learning Board and a School Provisioning Working Group supported by the Community Learning Board.

The 27 June 2013 meeting of the Community Learning Board was presented with reports from each of the working parties and projects of the Board, including one outlining the completion of the second phase of the Building Melton Together project. A draft 2013-14 Action Plan for the final year of the Community Learning Plan was also presented.

A delegation of parents from Springside College, located in Melton’s Eastern corridor, was received at this meeting. The parents raised their concerns about inadequate provision of Government senior secondary schooling in the Eastern corridor. They brought to the Board’s attention a petition that they are circulating in the community and sought the Learning Board’s support.

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The Community Learning Board recommended a letter be written to the Hon. Martin Dixon, Minister for Education, to support the urgent establishment of additional senior secondary school places in the municipality’s Eastern area.

A copy of the Minutes of the meeting held on 27 June 2013 is attached to this report as Appendix 1. A copy of the draft Community Learning Plan, Action Plan for 2013 - 2014 is attached as Appendix 2.

2. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan refers to the need to:

1.3: Generate an innovative local economy that stimulates opportunities for investment, business and training.

3.4: Provide lifelong learning opportunities to build social connections and self development.

3. Financial ConsiderationsThere are no financial implications for Council associated with the recommendations of the Community Learning Board as contained in the Minutes.

4. Consultation/Public SubmissionsThe Community Learning Board is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Board would recommend an appropriate consultation process to Council for endorsement.

5. Risk AnalysisBeing regularly informed on Community Learning Board activities assists Council in controlling possible risk.

6. OptionsThe Community Learning Board is an Advisory Committee of Council and Council therefore has the discretion to accept, reject or amend its recommendations as Council deems appropriate.

LIST OF APPENDICES1. Community Learning Board Minutes 27 June 2013

2. Commuity Learning Plan Draft Action Plan 2013-14

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8.4 SUBURB NAMING ADVISORY COMMITTEE MINUTES 4 JULY 2013Author: Tracy Spiteri- Governance Coordinator


PURPOSE OF REPORTTo inform Council of the minutes of the Suburb Naming Advisory Committee meeting held on 4 July 2013.

RECOMMENDATION:1. That the unconfirmed minutes of the Suburb Naming Advisory Committee meeting of 4 July 2013 be noted (refer Appendix 1).


CARRIED

REPORT

1. Executive SummaryThe Suburb Naming Advisory Committee has been established to assist Council develop a list of suburb names to apply to the formation of eleven new localities within the Melton municipality.

This report presents the minutes arising from the meeting, attached at Appendix 1.

2. Background/IssuesAt the Ordinary Meeting of Council held on 20 September 2012 Council endorsed the community engagement framework for the proposed creation of eleven new suburbs in the City of Melton.

The establishment of a Suburb Naming Advisory Committee is a key community engagement strategy to meet the requirements of the guidelines of the Office of Geographic Names (OGN), who have the authority to approve, defer or reject naming proposals and boundary alterations for new and existing localities.

The committee will be responsible for ensuring compliance with the principles of OGN Guidelines and offering specialist advice and recommendations for the development of a suburb name shortlist for consideration by Council.

The Suburb Naming Advisory Committee Terms of Reference were adopted at the Ordinary Meeting of Council on 5 March 2013.

Membership of the Committee is based upon direct invitation to key stakeholder groups and subject matter experts, and an Expression of Interest process for general community representation.

The first meeting of the Committee was held on 22 May 2013.


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1. Managing our Growth: A clear vision to connect and develop a sustainable City

1.1 Strategically plan for a well designed and built City.


2.3 Facilitate community engagement in planning and decision making.

4. Financial ConsiderationsNil.

5. Consultation/Public SubmissionsPublic consultation and engagement are key principles driving the establishment of the Committee and the development of a suburb name shortlist for Council. Membership of the Committee is based on direct invitation of key stakeholder groups and relevant subject matter experts, with an expression of interest process to select general community representation.

The Committee will partly be responsible for providing insight into community preferences and feedback, and receiving and assessing submissions received for potential suburb names during the public consultation phase.

6. Risk AnalysisIf the Committee was not established, there is a high risk that the OGN will determine that a significant component of the community engagement requirement had not been met, resulting in refusal of the Council application to establish new suburban boundaries and names.

There is limited risk in establishing the Committee to advise Council of possible suburb names, as the ultimate decision of which names are included within the application to the OGN remains with the naming Authority being Council.

7. OptionsThe Suburb Naming Committee is an Advisory Committee and Council therefore has the discretion to accept/reject or amend the recommendations of the Committee as the Council deems appropriate.

LIST OF APPENDICES1. Suburb Naming Advisory Committee Minutes 4 July 2013

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8.5 POLICY REVIEW PANEL MINUTESAuthor: Liz Pace- Executive Assistant


PURPOSE OF REPORT

This report presents to Council Minutes of the Policy Review Panel meeting held on 4 July 2013 for adoption of the Committees recommendations.

RECOMMENDATION:That :-

1. The unconfirmed minutes of the Policy Review Panel Meeting of 4 July 2013 be noted.

2. Council adopt the recommendations of the Committee as detailed in the Minutes appended to this report.


CARRIED

REPORT

1. Executive SummaryThe Policy Review Panel considered:

Community Grants Program Policy

Donation Fund Policy

Reconciliation Advisory Committee Terms of Reference

Arts and Culture Advisory Committee Terms of Reference

Leisure Advisory Committee Terms of Reference

Heritage Advisory Committee Terms of Reference

2. Background/IssuesCouncil established a “Policy Review Panel” to review existing Council policy and formulate new policies in new areas identified by Council as requiring appropriate policy consideration.

The panel is an Advisory Committee which meets monthly and presents its recommendations to the Council for adoption. A copy of the Minutes of the meeting held on 4 July 2013 is attached as Appendix 1 to this report.

The policies as proposed largely reflect what was the pre-existing practice in relation to these matters and therefore are not viewed as containing any major issues for Council.


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2. A Well Governed and Leading Organisation: Operating with innovation, transparency, accountability and sustainability.

2.1 Build community trust through socially responsible governance for long term sustainability.

4. Financial ConsiderationsThere are no financial implications associated with the recommendations of the Committee as contained in the Minutes.

5. Consultation/Public SubmissionsThe Policy Review Panel is an Advisory Committee of Council and where public consultation and or submissions are identified as being appropriate the Committee would recommend an appropriate consultation process to Council for endorsement.

6. Risk AnalysisMaintaining up to date policies within an organisational framework assists Council in controlling risk.

7. OptionsPolicy Review Panel is an Advisory Committee of Council and Council therefore has the discretion to accept/reject or amend its recommendations as Council deems appropriate.

LIST OF APPENDICES1. Policy Review Minutes 4 July 2013

2. Community Grants Policy

3. Donations Policy

4. Reconciliation Advisory Committee Terms of Reference

5. Arts and Culture Advisory Committee Terms of Reference

6. Leisure Advisory Committee Terms of Reference

7. Heritage Advisory Committee

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8.6 RECONCILIATION ACTION PLAN 2010-2014Author: Matthew Lloyd- Social and Community Planning Officer

Presenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORTTo inform Council on the progress of implementation of the Reconciliation Action Plan 2010 – 2014 and opportunities to enhance the Reconciliation process.

RECOMMENDATION:That Council:

1. Receive this report and the progress review of the 2010 – 2014 Reconciliation Action Plan as found at Appendix 1; and

2. In accordance with the Reconciliation Advisory Committee Terms of Reference; initiate the method of appointment for the Committee.


CARRIED

REPORT

1. Executive SummaryThe Reconciliation Action Plan (RAP) 2010-2014 provides a framework and strategic action plan to guide Council’s work with the Indigenous and broader community, to promote Reconciliation between the Indigenous and non-Indigenous residents by:

Taking a lead role in the reconciliation process within our municipality; Promoting and celebrating Indigenous culture and heritage within the community; Acknowledging and recognising Australia’s First People and significant history; Building mutually respectful relationships founded on acceptance and understanding; Overcoming health and wellbeing inequalities between Indigenous and non-Indigenous

Australians through collaborative partnerships and relationships. Encouraging inclusion of Indigenous people in all aspects of community life.

The RAP has progressed and is moving towards its final year of implementation. Consequently it is timely to undertake a review of the plan to highlight achievements across Council and identify collaborative opportunities in the final year of delivery.

Key achievements to date include the Journey to Recognition and Let’s Talk Recognition events held during Reconciliation Week 2013, which was well supported by members of the community, stakeholders and partner organisations.

The review concluded that the formation of a Reconciliation Advisory Committee (RAC) in substitute of a proposed Community Review Panel presents as a key opportunity to enhance the Reconciliation process.

Learning from this review will be utilised to support the development of the forthcoming Reconciliation Action Plan 2014 – 2018, to ensure Reconciliation continues to progress in our community.

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2. Background/IssuesCouncil acknowledges Indigenous people as the First Australian’s and the valuable contributions Indigenous people make to our community through a rich culture, history and heritage. Reconciliation aims for all Australians to work together to address the underlying causes of division and inequality that exists between Indigenous and non-Indigenous Australians.

The 2012 Census data indicates that the City of Melton is home to a growing Indigenous community that has increased by 65% in the period 2006 to 2011, with a total of 792 indigenous residents. The City of Melton is emerging as one of the largest growing populations in the Melbourne metropolitan area with forecasts predicting this trend to continue.

It is understood that significant health and wellbeing inequities exist between Indigenous and non-Indigenous people in our community and the need to continue to move forward the reconciliation process is vital in responding to the resulting inequalities.

The Reconciliation Action Plan 2010-2014 (“the Plan”) is Council’s commitment to building mutually respectful relationships between Indigenous and non-Indigenous Australians to generate understanding, acceptance and inclusion in our local and wider community.

The Plan outlines commitments and actions over a four (4) year period.

Officers have undertaken a review of the plan which quantifies achievements and measures progress against identified performance actions. Results indicate that of the action items, thirteen (13) of nineteen (19) have been delivered.

Overall Council is achieving the stated aims of the Plan and is meeting identified objectives. The results of this review are outlined in the Reconciliation Action Plan Review as found at Appendix 1, with noted key achievements to date including:

Journey to Recognition

Council supported the high profile National Journey to Recognition campaign that aims to raise awareness and build momentum towards Aboriginal and Torres Strait Islanders being recognised in the Constitution. A dinner and breakfast event was supported by Council that brought together Indigenous and non-Indigenous community members, organisations and stakeholders.

Reconciliation Week Council supports and contributes to the annual celebrations during Reconciliation Week by facilitating and supporting the community to facilitate events. This year’s events included the Let’s Talk Recognition event with guest speaker Dr Peter Lewis and a youth Indigenous art workshop series facilitated by Indigenous artists.

Develop and build on relationships

Council in partnership with Kirrip Aboriginal Corporation plan and facilitate Indigenous events during annual Reconciliation and NAIDOC Week celebrations.

Bullum Bullum Grasslands Protection and Revegetation Project

Council was represented on a management group that included local and state Indigenous and non-Indigenous stakeholders to protect and identify culturally significant sites and the revegetation of the area.

The review also identifies planned future actions to enhance Reconciliation, including the formation of the Reconciliation Advisory Committee (RAC) to enhance opportunities to align with Reconciliation’s “working together” principle.

The purpose of the RAC is to work together with the City of Melton community to support the Reconciliation process between Indigenous and non-Indigenous Australian’s for the benefit of all.

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The RAC will be responsible for the following:

1. Provide guidance and support to Council on issues and barriers that affect the Reconciliation process.

2. Provide advice to Council on development and implementation of strategies to deliver positive outcomes aligned to the Council Plan, Reconciliation Action Plan and Closing the Gap strategy; and

3. Raise advocate issues for Council to consider on behalf of the Indigenous community.

The Terms of Reference endorsed at the Policy Review Panel on 4 July 2013 detail a membership structure of the RAC that would build on RAP achievements and enhance the Reconciliation process.

3. Council Plan Reference and Policy ReferenceThe delivery of the Reconciliation Action Plan supports the following strategic objectives of the Melton City Council Plan 2013 - 2017:

Theme 3 - A culturally rich, active, safe and connected City.

3.5 Build an inclusive community that embraces and values cultural diversity and celebrates our collective heritage

3.5.1 Celebrate diversity and generate awareness, understanding and appreciation of indigenous and other diverse communities through support, information, activities and networks

3.5.4 Deliver programs and projects to increase community knowledge and appreciation of our collective heritage and development as a City

4. Financial ConsiderationsThe Reconciliation Action Plan is managed across the organisation, with initiatives accommodated within recurrent budgets.

5. Consultation/Public SubmissionsService consultations as part of the Reconciliation Action Plan review were held across Council during February 2013.

Informal consultations occurred with Indigenous community members, Indigenous organisations and stakeholders throughout the review process to inform an understanding of the context and raise issues from their perspective.

The formation of the Reconciliation Advisory Committee (RAC) is a forward step in supporting improved relationships and engagement with indigenous stakeholders. The RAC will meet at least four (4) times annually. Public advertisement of community positions and direct invite to community organisations nominated in the Terms of Reference, will enable further opportunities to enhance the Reconciliation process.

6. Risk AnalysisIn acknowledging the sensitivity and complexities surrounding Reconciliation and the historical treatment of Indigenous people by government agencies, Council’s continued commitment to Reconciliation Action reduces the risks of:

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The local and wider Indigenous community losing confidence in Council’s commitment towards Reconciliation.

Harm to existing and future relationships with the Indigenous community and stakeholders

Reluctance by the Indigenous community to support Council in service delivery, local initiatives and future strategies.

To ensure commitment to positive health and wellbeing outcomes for the community, Council must continue to work in partnership with the community to enhance the Reconciliation process and to improve the health and wellbeing of the Indigenous population.

The formation of the Reconciliation Advisory Committee will ensure relationships are aligned to review, refine and report activities in the current Plan and to develop a new Plan to continue Council’s commitment to Reconciliation.

7. OptionsNil

LIST OF APPENDICES1.

2010-2014 Reconciliation Action Plan Review

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8.7 COMMUNITY FUNDING OUTCOMES 2012/13Author: Paul Beasley- Community Funding Officer


Cr Turner having declared a conflict of interest in item 3 in the agenda, left the Chamber prior to any discussion taking place.

PURPOSE OF REPORT

To provide an overview of outcomes of Council’s 2012/13 Community Funding Program.

RECOMMENDATION:That Council receive and note the outcomes of Council’s Community Funding Program for the 2012/13 financial year, as presented at Appendix 1 and 2.

Crs Cugliari/Ramsey. That the recommendation be adopted.

CARRIED

Cr Turner returned to the Chamber.

Procedural MotionCr Majdlik/Cugliari.

That due to the disruptive nature of some members of the gallery, Council suspend standing orders set out in the agenda and close the meeting to the public, pursuant to Clause 89(2) of the Local Government Act (1989), to consider the following reports that are considered confidential for the reasons indicated:

15.1 Property Development Advisory Committee (PDAC) Meeting 29This report is confidential in accordance with s89(2)(d)as it relates to contractual matters

15.2 2013/2015 Culturally and Linguistically Diverse Advisory Committee This report is confidential in accordance with s89(2)(b)as it relates to a matter which council considers prejudicial to council or any person

15.3 Tender of Municipal Loan 174 This report is confidential in accordance with s89(2)(d)as it relates to contractual matters

15.4 CEO's Periodical Assessment Report This report is confidential in accordance with s89(2)(a)as it relates to personnel matters.

CARRIED

Officer reports 8.13 and 8.16 and items 10 and 11 of this agenda were not considered by Council and, as such, lay on the table until the next Ordinary Meeting of Council.

No public questions were presented. Written replies to be provided.

REPORT

1. Executive SummaryCouncil provides a Community Funding Program to support the development of community initiatives. The provision of community grants values the contribution of local residents and community groups, in enhancing local community wellbeing and social connectedness.

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Community grants strengthen relationships which unite the community through positive activities and create sustainable partnerships that encourage learning and self-sufficiency.

The program enables the development of local skills and interests through supporting new innovative and inclusive initiatives, which encourage community connections and promote the uniqueness, heritage and cultural diversity of our City.

During the 2012/13 period, the Community Funding Program provided opportunities to 165 individual submissions.

This report details the recipients of funding, providing summary of the drive, passion and commitment that individuals and local groups are delivering for our community.

2. Background/IssuesMelton City Council recognises and values the important contribution individuals and community groups provide. Local community organisations are ideally placed to understand local needs and to encourage involvement to achieve significant community benefits through the instigation of local programs and projects.

The 2012/13 Community funding allocation was $393,000.00, comprised as follows:

Program Amount available

Amount Approved

Community Funding Program $250,000.00 $221,751.13

Council Partner Grant Programs Note includes Collingwood Football Club / The Club Community Benefit Program ($93,000.00) and Harness Racing Victoria Community Grant Program ($50,000.00)

$143,000.00 $143,239.26

Council directly provided community grants funding through the following two program categories:

Table 1: Community Funding Program

Category One – Community Funding Program (CFP)Timing Grant Name Purpose Amount AvailableAnnual Assessment

Community Strengthening

To strengthen social wellbeing across the City through increased participation, services and facilities.

Up to $4,000

Annual Assessment

Partnership Increasing community capacity to respond to community needs and priorities through collaborative partnerships.

Up to $10,000.

Monthly Assessment

Local Neighbourhood

Increasing neighbourhood activity by providing small grants to residents addressing local issues.

Up to $1,000

Monthly Assessment

Establishment Supporting the establishment and growth of new community groups, clubs and/or associations

Up to $2,500

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Category Two – Community Assistance and Sponsorship Program (CASP)Monthly Assessment

Resident Achievement

Recognises achievements and financial sacrifices made by residents participating in leisure and cultural activities at a higher level.

International event ≤$750 Interstate events ≤ $500 State / Regional events ≤

$250

Monthly Assessment

Community Contribution

Financial assistance towards programs and services that benefits the community.

Up to $10,000

Monthly Assessment

Commercial Partnerships

Initiatives or joint partnerships or projects that benefit the whole community.

Up to $10,000

Monthly Assessment

Sponsorship The opportunity to associate Council’s name with the sponsored organisation’s service, product or activity in return for community benefit.

Up to $10,000

Council administered applications for the following grant programs in partnership with external organisations:

Table 2: Council Partner Grant Programs

Program Partner Funding Available Community Benefit Program

Collingwood Football Club

Access to community grants within the Eastern Growth corridor; providing $93,000 annually to groups across 2 categories: Community Support Grants ≤ $5,000 are available

for community events, programs or establish new groups.

Infrastructure / Equipment grants ≤ $10,000 to purchase equipment or contribute towards physical infrastructure.

HRV Grants Program

Harness Racing Victoria

Access to community grants for groups and organisations within the City of Melton; providing $50,000 annually across 3 categories: Community Support Grants ≤ $4,000 for groups

who hold community events, run programs or establish new groups.

Infrastructure / Equipment grants ≤ $7,500 for groups to purchase equipment or contribute towards physical infrastructure.

Student Welfare Grants ≤ $5,000 to support education providers implementation of welfare structures and programs which address needs of students, cohorts of students or the school as a whole.

All applications adhered to promoted guidelines and acquittal requirements. Allocation of funding was recommended via appointed selection and assessment panels against predetermined assessment criteria. Assessment panels were comprised of Council officers, Councillors and community representatives, which were appointed and governed by adopted Terms of Reference.

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Appendix 1 provides summary of outcomes across funding categories of the Community Funding Program; and Appendix 2 provides summary of outcomes for Partner Grant Programs that were administered by Council.

3. Council Plan Reference and Policy ReferenceThe delivery of the Council Community Funding Program supports the following strategic objectives of the Melton City Council Plan 2013 - 2017:

3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City.

3.2 Build resilient people and communities through opportunities to participate in community life.

4. Financial ConsiderationsTable 3 provides summary of the successful allocation of funds across program areas for 2012/13:

Category One – Community Funding Program (CFP)Grant Name Successful number

of applicantsAmount Funded

Community Strengthening 21 $72,996.00Partnership 5 $43,014.00Local Neighbourhood 0 $0Establishment 16 $36,989.83Category Two – Community Assistance and Sponsorship Program (CASP)Resident Achievement 77 $40,645.00Community Contribution & Sponsorship 8 $28,106.30Community Benefit Program - Collingwood Football ClubCommunity Support – municipal wide 5 $18,370.00Community Support – Eastern Corridor 5 $17,447.00Infrastructure/Equipment - municipal wide 7 $16,351.62Infrastructure/Equipment – Eastern Corridor 7 $41,070.64HRV Community Grant Program – Harness Racing Victoria Community Support 6 $20,000.00Infrastructure / Equipment 5 $15,000.00Student Welfare Support 3 $15,000.00

TOTAL $364,990.39

5. Consultation/Public SubmissionsAll funding available was extensively promoted across our community through:

Local Press - Display of public notices in the local papers- Recurrent advertisements advising of round openings- Press releases advising of opportunities

Community Information Sessions

Held throughout the financial year, sessions advising on processes and best practice for application writing and the opportunity to discuss proposals for all Council funding programs in detail with Council Officers

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Website All general information, contact details, guidelines and application forms are available for viewing and download from Councils’ Grants Page of its website

Information Brochures

Community Grants Programs guidelines and application forms are made available at community centres, civic centres and libraries and at Community Events.

Officer support Officers meetings provide advice to potential applicants.

Community Funding Cheque Presentation Nights

The SHARE event held on 27 June 2013, was an event to recognise the projects Council supported, and an opportunity for our community to come together to hear and learn about the initiatives and programs being undertaken. The Collingwood cheque presentation night was held on 10 September 2012 and Harness Racing on 10 December 2012.

6. Risk AnalysisCommunity Grant opportunities provided and administered by Council are promoted and provided in accordance with Council objectives, guidelines and precedence.

The continued annual review of systems and processes will ensure a continuous improvement process for the grants program and mitigation of any identified risk.

7. OptionsNil


Community Funding Program Outcome Summary

2.

Partner Grant Outcome Summary

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8.8 MELTON CITY COUNCIL FUNDING ADVOCACY OUTCOMES 2012/2013Author: Matthew Lloyd- Social and Community Planning Officer


PURPOSE OF REPORTTo present a summary of external funding received by Council during the 2012/2013 financial year as an outcome of Council’s strong advocacy role in successfully applying for grants.

RECOMMENDATION:That Council note the external grant funding outcomes for 2012/2013 as presented at Appendix 1.


CARRIED

REPORT

1. Executive SummaryFederal and State Government funding represents a significant revenue stream, enabling Council to deliver quality services, programs and infrastructure. Council Officers have continue to identify funding opportunities and prepare funding submissions from a range of State and Federal Government departments, to ensure that Council receives the maximum benefit through all identified funding sources.

Due to the uncertainties that have existed in the Australian economy and tightening of Commonwealth and State Government fiscal policy, less funding has been available and affects the amount of funding received by local governments.

This report details outcomes in grant seeking activities by Melton City Council. The funding received through external sources enables Council to deliver programs and services to the municipalities’ rapidly expanding population.

2. Background/IssuesWith rapid population growth and increasing pressure for Council to deliver new community infrastructure and increased services, it is critical that Council remains informed about grant availability and builds positive relationships with funding partners. Developing systems and processes to ensure quality applications are submitted is also vital to demonstrate a collaborative and unified approach, ensuring an increased revenue base from external funding streams.

There are a range of Commonwealth and State Government programs that provide funding for Council services. Due to the State Government’s commitment in growing metropolitan Melbourne, applications to State and Federal Government grant programs from growth area Councils such as the City of Melton, are often viewed favourably, however even growth service funding and capital is typically allocated by a competitive application process.

Grant seeking activities are aligned with Council Plan strategic objectives. Advocating for funding to implement services, projects and initiatives ensure our community receives an

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equitable share of the known grant programs, to assist the early delivery of new infrastructure and services which seek to ultimately improve the quality of life for existing and future communities.

Councillors, Council Officers and Executive members are represented through a number of key networks that ensure that Council remains informed of upcoming opportunities and has developed effective networks and relationships to increase its success in applying for external funding.

These networks include the Western Region Advocacy, Mayor and CEO’s Management forum, Lead West, the Interface Council’s Mayor and CEO’s group, the Interface Council’s Human Services Group, the National Growth Areas Alliance as well as a range of special interest groups including aged and disability, family and youth, children’s, cultural diversity and community safety.

Successful new funding 2012 / 2013Council plays a strong advocacy role in regards to actively seeking out funding opportunities and advocates to various funding bodies regarding Council’s capacity to deliver on projects. In the past twelve months through the preparation of high quality submissions, Council has attracted a significant amount of new external non-recurrent funding. This activity is summarised in Table 1 below. Refer to Appendix 1 for a list of successful grant applications in 2012 / 2013.

Table 1 – Successful New Grant Applications 2012 / 2013Number of successful new grant applications 2012 / 2013 26

Funds received for successful new applications in 2012 / 2013 $8,512,222

Total funds outstanding

(to be invoiced in 2013 / 2014 financial year and subsequent years)

$11,074,711

Total financial value of successful new grant applications submitted in 2012 / 2013

$19,586,933

Total funding receivedOver the previous twelve months, the City of Melton has received $33,773,410 in both recurrent and non-recurrent funding through a range of funding sources including State and Federal Government. This funding has been received for the delivery of a number of capital works projects as well as a range of services for our community.

This funding is received through a range of external funding sources including the Department of Planning and Community Development (DPCD), the Department of Education and Early Childhood Development (DEECD) and the Department of Health (DoH).

This activity is summarised in Table 2 below. Refer to Appendix 2 for detail of all grants received from all funding sources in 2012 / 2013.

Table 2 – Total external funding receivedTotal value of funds received recurrent and non-recurrent funding 2012 / 2013 $33,773,410

Total fund outstanding

(to be invoiced in 2013 / 2014 financial year and subsequent years as per Table 1)

$11,665,385

Total value external funds 2012 / 2013 received and outstanding $45,438,795

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3. Council Plan Reference and Policy ReferenceThe Melton City Council Plan 2013-2017 refers to the need to:


2.5 Advocate in the best interests of our community and region.

2.5.3 Build on a coordinated approach to securing other Government sources of funding that will support Council’s capacity to deliver community infrastructure, planning and development opportunities and programs.

4. Financial ConsiderationsThe success of Council’s endeavours in seeking external funding provides the residents delivery of infrastructure, programs and services to meet the diverse needs of the community.

5. Consultation/Public SubmissionsCouncil develops and maintains close relationships with a range of networks and groups to ensure that it is well informed and well positioned to take full advantage of identified funding opportunities.

Councillors and officers advocate through high level alliances and groups to local members of Parliament, Federal and State Government Ministers where possible to achieve additional funds for the municipality.

6. Risk AnalysisNil.

7. OptionsNil.

LIST OF APPENDICES1. Successful New Grant Applications 2012-13

2. External Funds received 2012-13

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8.9 PLANNING APPLICATION PA2013/3910 - TWO LOT SUBDIVISION AT 13 SPRINGBANK WAY, BROOKFIELD

Author: Cam Luong- Development PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider a planning application for two lot subdivision at 13 Springbank Way, Brookfield.

RECOMMENDATION:That Council issue a Notice of Decision for the above proposal subject to the following conditions:

1. The subdivision as shown on the endorsed plan must not be altered or modified without the written consent of the Responsible Authority.

2. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority’s requirements and relevant legislation at the time.

3. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is created.

4. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of the Act.

5. All existing and proposed easements and sites for existing and required utility services and roads on the land must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

All allotments shall be subdivided under Section 12(2) of the Subdivision Act 1988. Otherwise, easements for the purpose of drainage shall be provided over all drainage assets and vested in Council. Drainage assets within easements must be to Council’s standards.

6. Stormwater must not be discharged from the site other than by means of an underground pipe drain discharged to a legal point of discharge to the satisfaction of the Responsible Authority.

7. Prior to the issue of a Statement of Compliance for the subdivision, the following must be undertaken to the satisfaction of the Responsible Authority:

(a) A vehicle crossing must be constructed for Lot 2 to a residential standard in accordance with Council’s Standard Drawings. A road-opening permit shall be obtained from Council prior to construction.

Engineering plans showing the locations of vehicle crossings for the subdivided allotments shall be submitted to the Responsible Authority prior to construction.

(b) All existing works affected by the development works shall be reinstated at no

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cost and to the satisfaction of the Responsible Authority.

8. The following must be undertaken to the satisfaction of Melbourne Water:

Prior to the issue of a Statement of Compliance, the owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways and other matters in accordance with the powers of Melbourne Water Corporation under the Water Act 1989.

9. The owner of the land must enter into an agreement with:

a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

10. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

11. This permit will expire if:

the plan of subdivision is not certified within two years of the date of this permit; or,

the registration of the subdivision is not completed within five years from the date of certification of the plan of subdivision.

The Responsible Authority may extend the time if a request is made in writing before the permit expires or within three months afterwards.

NOTES: In the event that this permit expires, there is no guarantee that a new permit will be granted

and if a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.

All drains contained within the allotment, except in drainage easements, shall remain the property of the landowners and shall not be taken over by Council for future maintenance.


CARRIED

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REPORT

1. Background

Executive SummaryApplication No.: PA2013/3910Applicant: All General Surveying

The proposal is to subdivide the land into two allotments.

The site is within the Residential 1 Zone.

No overlays apply to the land.

One objection has been received.

The proposal is considered to meet the relevant requirements of the Council’s Planning Scheme.

Approval is recommended.

The Land and Surrounding AreaThe subject land is described as Lot 2 on PS648661P, number 13 Springbank Way, Brookfield. The land is a corner allotment with a curved frontage of 122.44 metres to Springbank Way; and an overall land area of approximately 5,136 square metres. A double-storey brick veneer dwelling is located on the subject land.

The land is within an area commonly known as the Brookfield Acres Estate. The Estate is generally bounded by Brooklyn Road, the Melbourne – Ballarat railway line, and Clarkes Road. The Estate generally comprises lots with an area of between 2000m² and 4,000m² occupied by large ‘homestead’ type dwellings built across the frontage. The estate was subject to a covenant restricting development to a single dwelling on a lot, for dwellings to be a minimum size, and external building materials. This covenant expired in 1999.

On 20 July 2011, Council issued Planning Permit PA2011/3057 for a two lot subdivision of the land (as it then was). The subdivision resulted in the creation of a vacant allotment of 2,306 square metres and an allotment containing the existing dwelling of 5,136 square metres. The two lot subdivision approved under the permit has been completed. The landowner of the subject land is now seeking another planning permit to subdivide the land further.

Refer to Appendix 1 for a locality plan.

The ApplicationThe proposal is to subdivide the land into two lots. Lot 1 will be occupied by the existing dwelling; and Lot 2 will be a vacant parcel of land. The lots will have an area of approximately 3,203 square metres and 1,932 square metres, respectively. Lot 1 will have a frontage of 88.44 metres to Springbank Way; and Lot 2 will have a frontage of 34 metres to Springbank Way.

Refer to Appendix 2 for plans of the proposal.

Planning Controls

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The land is within the Residential 1 Zone and is not affected by any Overlays. Under the Zone provisions, a permit is required to subdivide the land. An application to subdivide land not containing an existing dwelling or car parking space must meet the relevant objectives of Clause 56 of the Planning Scheme.

The following State policies are relevant to this proposal:

Clause 15.01-3 – Neighbourhood and Subdivision Design. Clause 16.01-4 – Housing Density.

In summary, these policies encourage lot and housing diversity to meet the needs and aspirations of different groups of people, whilst, recognising the need for development and subdivision proposals to appropriately respond to the character of the neighbourhood.

The Municipal Strategic Statement (MSS) envisages that the subject property and the immediate surrounding area will be used for “conventional residential” development in the short to medium term. This vision is not reflective of how the area has developed which is more of a “low density residential” style.

The Local Planning Policy for Residential Land Use Policy (Clause 22.01) seeks to create sustainable and liveable communities that are attractive and desirable places to live. The policy emphasises the need to provide opportunities for diversity of housing that caters for varying life cycle needs. Importantly, the policy recognises that “Low-density residential development is proving to be an increasingly popular component of the Melton housing market, but few realistic short term opportunities exist in the market to meet this increasing demand”.


1.1 Strategically plan for a well designed and built City.

1.1.5 Improve growth in housing diversity and provision of affordable housing options including public, traditional and social housing for vulnerable residents.

3. Financial ConsiderationsNo Council related financial considerations are involved with the application.

4. Consultation/Public Submissions

Public notification of the applicationThe application was advertised to adjoining and adjacent landowners and occupiers by mail and by placing a sign on the subject land. At the end of the advertising period one objection was received. The issues raised in the objection are as follows: Devaluation in property values. The visual bulk and loss of amenity due to the additional lot (and future dwelling).

Referral of the application

InternalEngineering Department

No objections.Conditions to be attached on permit.

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5. Issues

Planning AssessmentThe proposal has been assessed against and deemed to be consistent with the relevant State and Local Planning Policies, Clause 56 – Residential Subdivision, and decision guidelines at Clause 65. The land is within the Residential 1 Zone and connected to all services including reticulated sewerage. The MSS does not discourage further development in this area; to the contrary the structure plan for Melton shows it for medium to long term conventional residential.

The dimensions and size of the created allotment can accommodate a dwelling, which would be sympathetic to the character of the surrounding area.

It is important to note that VCAT has previously approved:

Planning Permit PA2006/1085 – Construction of four dwellings at the rear of an existing dwelling at 2 Maplewood Close. The land at 2 Maplewood Close is approximately 8,179 square metres in area.

Planning Permit PA2010/2948 – Two lot subdivision of 24 Springbank Way, which created a 2,921 square metre and a 1,100 square metre allotment.

In addition, previous two lot subdivisions have occurred at:

11 Aviator Place

1 Campbell Court

44 Springbank Way.

Objectors ConcernsThe following is a response to the issues raised by the objectors in relation to this application:

Devaluation in property values.The devaluation in property values is not considered to be relevant town planning consideration.

The visual bulk and loss of amenity due to the additional lot (and future dwelling).The proposed allotment is a suitable dimension and size to construct a dwelling, which can complement the character of the surrounding area. The visual bulk and amenity loss outlined by the objector cannot be substantiated, given, that a dwelling has not been proposed.

The amenity issues due to the siting and design of the dwelling can be managed via the building permit process.

6. OptionsCouncil can either support the application by issuing a Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice of Refusal.

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7. ConclusionThe application has been assessed against the State Planning Policy Framework, Local Planning Policy Framework, Zone / Overlay provisions and Clause 65 of the Melton Planning Scheme.

It is considered that the proposal generally complies with the relevant requirements of the Planning Scheme.

Therefore, it is recommended that the application be approved.


Appendix 1 - Locality Plans

2.

Appendix 2 - Plans of the proposal

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8.10 PLANNING APPLICATION PA2013/3945 - SUBDIVISION OF LAND INTO TWO LOTS AT 8 BUCKLE ROAD, KURUNJANG

Author: Steve Finlay- Coordinator Statutory PlanningPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider a planning application for subdivision of land into two lots at 8 Buckle Road, Kurunjang.

RECOMMENDATION:That Council issue a Notice of Decision to Grant a Permit for the above proposal subject to the following conditions:

1. The layout of the subdivision as shown on the endorsed plan must not be altered or modified (whether or not in order to comply with any statute, statutory rule or Local Law, or for any other reason) without the prior written consent of the Responsible Authority.

2. Before the subdivision is certified, the owner must enter into an agreement with the Responsible Authority made pursuant to Section 173 of the Planning and Environment Act 1987 to provide for the following:

(a) Any new dwelling constructed on Lot 2 must be contained within the building envelope shown on the endorsed plan except with the written consent of the Responsible Authority.

(b) The retention and treatment of wastewater must occur within the effluent disposal area for each lot as shown on the endorsed plans and in accordance with the Land Capability Report Assessment Report (Ref No. 13022 LCA01 Dated 28 March 2013) prepared by Colin McClelland & Associates.

(c) On site detention for all lots within the subdivision.

Before certification of the subdivision, application must be made to the Registrar of Titles to register the Section 173 agreement on the title to the land under section 181 of the Act.

The owner/operator under this permit must pay the reasonable costs of the preparation, (and) execution and registration of the section 173 agreement.

3. Prior to the issue of a Statement of Compliance for the proposed subdivision, the following must be undertaken to the satisfaction of the Responsible Authority:

(a) Each lot shall be provided with a legal point of discharge to the satisfaction of the

Responsible Authority.

(b) Drainage from the subdivision shall be directed via an underground stormwater system to the approved legal point of discharge.

(c) Any existing works affected by the development works shall be reinstated at no cost and to the satisfaction of the Responsible Authority.

(d) Each lot must be provided with a vehicle crossing that must be constructed to a residential standard in accordance with Council’s Standard Drawings. A vehicle crossing permit must be obtained from Council prior to construction.

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4. All vehicles, earth-moving equipment and other machinery must be cleaned of soil and plant material before entering and leaving the site to prevent the spread of weeds and pathogens.

5. Fill resulting from the development is not to be stored on the site and must be removed from the property at the completion of the development works.

6. Noxious weeds must be controlled. Any weed infestations resulting from soil disturbance and/or the importation of sand, gravel and other material used in the construction process must be controlled.

7. Environmental Weeds as referred to in Department of Sustainability and Environment Advisory list of Environmental Weeds of the Inland Plains bioregions of Victoria, May 2009 must not be planted on the subject land.

8. Works associated with the subdivision must be restricted to the area of development as shown on the endorsed plans. The adjoining drainage line must be adequately protected during construction works. No polluted or sediment laden runoff may enter the drainage line.

9. The works zone must be fenced with highly visible temporary fencing that is to remain in place until construction works are completed. Soil, spill, rock, machinery, materials and vehicles are not to be located outside of the works zone.

10. An application must be made to Council’s Environmental Health Department for a permit to install and/or alter an on-site waste-water disposal system for each lot created by the subdivision hereby permitted.

11. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with the authority’s requirements and relevant legislation at the time.

12. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

13. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

14. The subdivision must be managed to the satisfaction of the Responsible Authority so that the amenity of the area is not detrimentally affected, through the:

(a) Transport of materials, goods or commodities to or from the land.

(b) Appearance of any building, works or materials.

(c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

(d) Presence of vermin.

15. The owner of the land must enter into an agreement with:

(a) a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

(b) a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

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16. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

(a) a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

(b) a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

17. Condition 17 is at the request of Melbourne Water:

(a) No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses.

(b) Prior to certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

(c) Prior to the commencement of works, a separate application direct to Melbourne Water must be made for approval of any new or modified stormwater connection to

Melbourne Water’s drains or watercourses.

18. This permit will expire if:

The plan of subdivision is not certified within two years of the date of this permit; or,

The registration of the subdivision is not completed within five years from the date of certification of the plan of subdivision.

The Responsible Authority may extend the time if a request is made in writing before the permit expires or within three months afterwards.

Notes

Engineering

All drains contained within the allotment, except in drainage easements, shall remain the property of the landowners and shall not be taken over by Council for future maintenance.

Melbourne Water

If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 220821.


CARRIED

REPORT

1. Background

Executive SummaryApplication No.: PA2013/3945Applicant: Mr. P. Mayhew C/- Laffey Planning

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It is proposed to subdivide the subject land into two lots.

The site is within the Low Density Residential Zone and is partly affected by the Environmental Significance Overlay control (Schedule 2) under the jurisdiction of the Melton Planning Scheme.

Six objections have been received in relation to the application.

The proposal is considered to meet the relevant requirements of the Council’s Planning Scheme, including the State and Local Planning Policy Framework.

Approval is recommended subject to conditions.

The Land and Surrounding AreaThe subject site has an area of 1.037 hectares and is located on the northern side of Buckle Road, approximately at the mid-point between Gisborne-Melton Road and Kororoit Court. Other features of the site are as follows:

The site is irregular in shape and has a frontage of 96.43 metres to Buckle Road and a depth of 135.41 metres along its eastern boundary. The western boundary adjoins a drainage reserve for 141.38 metres, whilst the northern boundary has a length of 56.57 metres.

The land is currently occupied with a single-storey brick dwelling, setback approximately 40 metres from the Buckle Road frontage. Associated with the dwelling are a swimming pool and a number of outbuildings. The land and surrounding area are not connected to reticulated sewer and the dwelling currently utilizes an effluent disposal field. The property currently has one vehicle access point to Buckle Road, located directly in front of the dwelling.

The subject land is relatively flat with a gently slope from the rear down towards Buckle Road. There is a vegetation screen along the rear and side boundaries of the property, with smaller scale planting in the frontage and around the dwelling on the land.

The subject land is encumbered by a covenant that relates to a Gas and Fuel easement and right of the Gas and Fuel Corporation and is not affected by this application.

The surrounding area can be characterised as an existing low density residential neighbourhood that forms the Toolern Downs Estate. The area is characterised generally by large ‘ranch style’ single and double storey brick dwellings with tiled roofing and associated outbuildings. The lots in the subdivision generally are about 1 hectare in area, but there are examples of smaller allotments of about 0.4-0.6 hectares in the locality.

Refer to Appendix 1 for a locality plan.

The ApplicationThe application proposes to subdivide the land into two lots in a battleaxe arrangement.

The proposal can be summarised as follows:

Lot 1 is proposed to have an area of 5,682 square metres, with a frontage to Buckle Road of 72 metres and a depth of 82.41 metres. The existing dwelling, swimming pool and outbuildings would be contained within this allotment. The existing access point providing access to the existing dwelling would also remain in Lot 1. Wastewater effluent fields will be located within this allotment to be utilised by the existing dwelling.

Lot 2 is proposed to have an area of 4,691 square metres, with the access handle having a minimum width of 12 metres, widening out to 24.43 metres at the Buckle Road frontage. The depth of the allotment will be approximately 54 metres. The configuration of the lot will enable existing vegetation along the northern and side boundaries to be retained. The site will be accessed via a new crossover to Buckle Road.

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An irregularly shaped building envelope of 1147 square metres has been shown for proposed Lot 2 demonstrating that the land can accommodate a dwelling. An effluent disposal field of 591 square metres has also been shown to indicate where wastewater effluent will be directed to on the land, and this is located adjacent to the northern boundary of the land.

A large portion of the land is affected by an Environmental Significance Overlay control, including the proposed building and effluent envelopes. The current location of the existing dwelling and effluent fields are also affected by this overlay. There have been no objections to the proposal from an environmental perspective.

Refer to Appendix 2 for plans of the proposal.

Planning ControlsThe land is within the Low Density Residential Zone and is affected by the Environmental Significance Overlay (Schedule 2) under the jurisdiction of the Melton Planning Scheme.

Under the Zone provisions, at Clause 32.03-3 of the Melton Planning Scheme, a planning permit is required for the subdivision, and each lot created by the subdivision must be at least 0.4 hectares in area. The purpose of the Low Density Residential Zone is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies; and

To provide for low-density residential development on lots which, in the absence of reticulated sewerage, can treat and retain all wastewater.

The Environmental Significance Overlay control provisions at Clause 42.01-2 of the Melton Planning Scheme also require a planning permit for subdivision, construction of buildings and works and vegetation removal. The application is to be assessed against the decision guidelines contained within Clause 42.01-4 of the Melton Planning Scheme.

The environmental objectives to be achieved under Schedule 2 of the overlay are as follows:

To protect and conserve wetlands and to discourage inappropriate use and development;

The role and function of wetlands will be taken into account in respect to any proposed use or development on or adjacent to a wetland area;

To protect and conserve the riparian habitat and associated escarpment and to discourage inappropriate development;

To identify, conserve and enhance the character of significant landscapes; and

To recognise areas of high fire hazard, and to ensure all development acknowledges any potential risk.

The following State policies are relevant to this proposal:

Clause 11 – Settlement; Clause 11.02 – Urban growth; Clause 14.02-1 – Water Catchment Planning and Management; Clause 15.01-3 – Neighbourhood and Subdivision Design; and Clause 16 - Housing form.

In summary, these policies:

Encourage planning that anticipates and responds to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure;

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Ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses;

Encourage opportunities for the consolidation, redevelopment and intensification of existing urban areas;

Assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment;

Encourage increasing the supply of housing in existing residential areas through the provision of a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people and;

Encourage the provision of sewerage at the time of subdivision, or ensure lots created by the subdivision are capable of adequately treating and retaining all domestic wastewater within the boundaries of each lot.

The Municipal Strategic Statement (MSS) locates the subject land within Melton Township. The objective for this area is:

“To continue to develop Melton as the Shire’s pre-eminent civic, employment, education and retail centre by improvements to the town’s employment and retail base and by providing a range of housing opportunities, especially in the areas of low density and rural residential development.

The policy also encourages fully serviced lower density residential development in designated areas on the fringe of the township.

The Local Planning Policy for Residential Land Use (Clause 22.01) is a relevant consideration in the assessment of the application, with its’ objectives being:

To encourage the provision of a diverse range of housing options that meets the needs of current and future residents;

To encourage energy efficiency in housing and subdivision designs;

To ensure new residential development is integrated with existing urban areas (by road, pedestrian, cycle and open space links);

To locate low density and rural living development in areas that can be or are connected to reticulated water and sealed roads, such as the northern and western edges of the Melton Township and the southern edge of Diggers Rest. Land at the eastern edge of the Melton Township is readily available for connection to reticulated sewerage and water services and is encouraged to be used for low density residential purposes;

To ensure that the location of low density and rural living development does not prejudice the logical expansion or urban settlements;

To ensure that all low density or rural living development responds to the surrounding environment and maintains and preserves the existing environmental features including the Djerriwarrh, Toolern and Kororoit Creeks and the Werribee River.

The policy states that a preferred minimum lot size of 6000 square metres should be adopted for any unsewered residential lots and that all new lots zoned Low Density Residential in the Melton Township and Melton East Growth Area are sewered. Furthermore, the policy states that low density residential development should only be encouraged in the following areas:

North of the Kurunjang Estate, east of Coburns Road;

North of the Toolern Downs Estate, between the Gisborne Melton Road and Toolern Creek, south of Minns Road;

East of the Toolern Creek on the edge of the Melton Township, north of Melton Highway.

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Clause 22.04 of the Melton Planning Scheme outlines Councils’ Urban Development Policy. The relevant objectives of this policy are:

To ensure that all development proceeds in an orderly and timely manner which enables the efficient provision of community facilities and services;

To encourage and facilitate orderly, incremental, outward growth of the urban fringe in the environs of the Melton Township; and

To provide market variety in the form of a range of lot sizes and locations.

The policy encourages low density residential development to be connected to reticulated sewerage except in exceptional circumstances. In all other cases, the preferred size for low density residential lots is a minimum of 6000 square metres. The policy also supports new low density and rural residential development in locations, which will not prejudice the efficient connection and provision of community and physical infrastructure and encourages all subdivisions to front-on to main roads and gain access from a local service road.

2. Council Plan Reference and Policy ReferenceThe Melton City Council 2013-2017 Council Plan refers to the need to manage our growth, and in managing that growth, Council will protect and enhance our existing assets and ensure a balance between development and the conservation of the natural environment. To achieve this vision, Council will:

Ensure appropriate land use planning for public infrastructure, non urban areas, urban development and community assets.

Improve growth in housing diversity and provision of affordable housing options including public, transitional and social housing for vulnerable residents.

Educate the community about the value of our natural environment and the benefits in adopting sustainable practices in their daily lives.

3. Financial ConsiderationsNo Council related financial considerations are involved with the application.

4. Consultation/Public Submissions

Public notification of the applicationThe application was required to be advertised. The advertising was satisfactorily completed and six objections have been received.

The grounds of objection may be summarised as follows: Additional crossover and traffic onto Buckle Road. Neighbourhood character. Increased density destroying ‘country feel’. Impacts on Flora and Fauna.

Referral of the application

InternalEngineering Department

No objections subject to conditions to be placed on any permit issued.

Environmental Services Department

No objections subject to conditions being placed on any permit issued.

Environmental Health Department

No objection to the proposal subject to the standard condition requiring a permit to be obtained from Environmental Health for

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the installation/modification of a septic tank system on each lot being included as part of the permit.

ExternalMelbourne Water No objections subject to conditions being placed on any permit

issued.

5. Issues

Planning AssessmentThe proposal is consistent with the State Planning Policy Framework, which encourages redevelopment of existing urban areas to provide a wider housing choice and mix of dwelling types and ensure development responds appropriately to its landscape and valued built form. The proposal will also facilitate the orderly development of an existing low density residential development on the eastern edge of the Melton Township within the existing urban growth boundary.

The subject land and adjacent and surrounding properties are located within the Toolern Downs Estate, are not connected to sewerage and there is no opportunity for these properties to connect to sewer. However, the applicant has demonstrated in the form of a land capability report and effluent disposal areas on the plan of subdivision that each lot is capable of containing and treating wastewater and stormwater in accordance with the Septic Tank Code of Practice. The report states that a specialized treatment plant is required for the treatment of wastewater on the site, with wastewater fields servicing Lot 1 be located in the garden areas in front and to the sides of the existing dwelling. A new effluent disposal area (591 square metres) will be provided on Lot 2 at the rear of the proposed building envelope for this lot.

The proposed subdivision is also consistent with the purpose of the Low Density Residential Zone as it will enable low-density residential development on lots that are capable of treating and retaining wastewater. The proposal also satisfies the minimum lot size requirements of 0.4 hectares (4,000 square metres) specified in the Low Density Residential Zone under Clause 32.03-3 of the Melton Planning Scheme.

However, the proposal is inconsistent with the Local Planning Policy Framework and Council’s Residential Land Use Policy. The proposed subdivision will result in the creation of lots that are not fully serviced in terms of sewerage and reticulated water and below the preferred minimum lot size of 6,000 square metres for unsewered lots outlined under Council’s policy.

Notwithstanding, the proposal will result in the creation of lots that are substantial enough in size (5,682 square metres and 4,691 square metres respectively) to accommodate a dwelling similar in size, scale and layout that would be consistent with the predominant neighbourhood character of the area.

In addition, VCAT has previously considered (Reference No. P2552/2008) a similar proposal for a two lot subdivision of land on the neighbouring property at 10 Buckle Road (PA2007/1329). In this case, the Tribunal determined to set aside Council’s decision to refuse the application and directed that a planning permit be issued for the subdivision. The Tribunal concluded that there was no basis for the minimum subdivision lot size referred to in Council’s Residential Land Use Policy as it is inconsistent with minimum lot size outlined under the Low Density Residential Zone. Furthermore, the proposal demonstrated compliance with State Planning policies where, in the absence of sewerage, all wastewater from each dwelling must be treated and retained within each lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.

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At its Ordinary Meeting of 23 May 2012, Council resolved to support a two lot subdivision of land at 19 Kororoit Court and the planning permit (PA2011/3357) was issued on 2 July 2012 following VCAT’s advice that no appeals had been lodged arising from Council’s support for the application. Council Officers have also recently approved a number of subdivisions under delegation in the Toolern Downs estate with either the same or similar layouts proposed as part of this application and/or with lot sizes less than 6,000 square metres in area. In particular, Council has recently approved the following applications for two lot subdivisions in this estate and other areas of the Melton Township located in the Low Density Residential Zone.

PA2012/3835 – 47 Croxton Drive, Kurunjang (permit issued 3/07/2013). PA2012/3687 - 5 Kororoit Court, Kurunjang (permit issued – 14/12/2012). PA2011/3366 - 181-183 Minns Road, Kurunjang (permit issued – 20/02/2012). PA2011/3336 - 13 Djerriwarrh Court, Kurunjang (permit issued – 2/05/2012). PA2011/3209 - 11 The Welkin Trail, Kurunjang (permit issued – 21/09/2011). PA2010/2634 - 1 Djerriwarrh Court, Kurunjang (permit issued – 14/04/2011). PA2009/2293 - 4 Buckle Road, Kurunjang (permit issued – 5/03/2010).

Therefore, based on recent decisions by VCAT, Council and Council Officers (under delegation) and the similarities with this proposal, it is difficult to argue that the proposed subdivision is contrary to the local planning policy framework, does not respond to the constraints of the land or is inconsistent with the established neighbourhood character of the area.

The proposed subdivision will not adversely impact on the natural environment and character of the area. The proposal will not adversely impact on Council’s adjoining linear drainage reserve adjacent to the western boundary of the subject land.

The proposal is consistent with the requirements of the Environmental Significance Overlay including the statement of environmental significance and environmental objectives. The proposal will not adversely impact on the adjoining drainage reserve. Although the proposed building envelope for proposed Lot 2 falls substantially within the area affected by the Environmental Significance Overlay, this scenario is no different to a number of other properties within the Toolern Downs Estate where dwellings and other outbuildings are located within the area of land affected by the overlay. Importantly, none of the relevant referral bodies, either internal or external have raised any objections to the proposal, and are confident that with appropriate conditions, the proposal is reasonable.

The proposed subdivision will be connected to all services except sewerage. The applicant has submitted a land capability assessment report demonstrating that all lots are able to accommodate effluent within the nominated title boundaries shown on the plans submitted, with the use of suitable treatment plants.

The proposed subdivision is unlikely to cause any damage or inconvenience to adjacent and surrounding residents in terms of drainage and urban runoff. The application has been referred to Council’s Engineering Department who have no objections to the proposal subject to conditions.

Objectors Concerns

The grounds of objection are acknowledged, however, cannot be substantiated.

The proposed subdivision is unlikely to cause any impacts in relation to traffic, safety or on the perceived rural lifestyle/character of the area. Although the subject land will be accessed by an additional vehicle crossover to service proposed Lot 2, it is considered that the surrounding road network is more than capable of accommodating the slight increase in traffic likely to be generated by the proposal. The application has also been referred to Council’s Engineering Department who have raised no objections to the proposal in relation to traffic.

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The applicant has demonstrated compliance with the relevant requirements of the Melton Planning Scheme in relation to the size of each lot and the ability of wastewater to be retained and treated within the boundaries of each lot.

The proposal will not set an undesirable precedent and is consistent with the neighbourhood character and subdivision pattern of the area where there are a number of properties that have been subdivided in a similar manner and are of similar size and orientation to that proposed for the subject land.

Furthermore, effluent disposal areas are provided for each lot which are capable of adequately treating and retaining all domestic wastewater within the boundaries of each lot consistent with the Guidelines for Environmental Management – Septic Tanks Code of Practice, Publication 891 (EPA 2003) and State environment protection policy (Waters of Victoria).

The subject land is not located in a rural area and forms part of an existing low density residential area (Toolern Downs estate). While a number of properties in proximity to the subject land are 1 hectare, there are also a number of properties that are less than 1 hectare (0.4 – 0.6 hectares) as a result of subdivisions similar to the one proposed for the subject land. The proposal is also consistent with state planning policies that encourage increasing residential densities in existing residential areas, providing wider housing choice and making efficient use of existing infrastructure.

The provisions of the Low Density Residential Zone under Clause 32.03 of the Melton Planning Scheme allow land to be subdivided subject to Council approval (i.e. permit required) with each lot required to have a minimum area of 0.4 hectares. The proposal achieves the minimum subdivision lot size allowed under the Low Density Residential Zone, will be consistent with the neighbourhood character of the area and has demonstrated that each lot is capable of accommodating a dwelling with separate vehicle access from a sealed road and will be able to retain and treat wastewater within the boundaries of each lot.

In terms of impacts on Flora and Fauna, Council’s Environmental Services Department has assessed the proposal and determined that the site does not support habitat for rare and threatened flora and fauna species. There is acknowledgement that the existing planted trees and shrubs be retained wherever possible as they do provide habitat for local fauna species, and it is certainly the intention with this application to retain as much of the existing vegetation as possible on the site. Councils’ Environmental Services Department has no objections to the proposal, subject to conditions that can be placed on the permit.

6. OptionsCouncil can either support the application by issuing a Notice of Decision to Grant a Permit or not support the proposal by issuing a Notice of Refusal.

7. ConclusionThe proposal satisfies the objectives and requirements of the Low Density Residential Zone and is also consistent with the relevant provisions (outlined above) of the State Planning Policy Framework.

The proposal is inconsistent with the Local Planning Framework including Council’s Municipal Strategic Statement, Council’s Residential Land Use Policy and Council’s Urban Development Policy in relation to achieving a minimum subdivision lot size of 6,000 square metres for unsewered lots. However, this contradicts the State Planning Policy Framework and the provisions of the Low Density Residential Zone, which allow a minimum subdivision lot size of 4,000 square metres and are considered to have more relevance and therefore carry a greater weight than the LPPF and Council’s local planning policies in this instance.

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As mentioned earlier, this was a view adopted by VCAT in an earlier decision for the neighbouring property at 10 Buckle Road, Kurunjang where the Tribunal set aside Council’s decision to refuse the application and directed that a planning permit be issued to subdivide this land into two lots in a layout not too dissimilar to that which is proposed here.

Therefore, it is recommended that the application be approved.

LIST OF APPENDICES1. Appendix 1 - Locality Plan

2. Appendix 2 - Subdivision layout plan

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8.11 CONSIDERATION OF THE DRAFT MELBOURNE AIRPORT MASTER PLAN 2013

Author: Matthew Milbourne- Senior Strategic PlannerPresenter: Bob Baggio- Manager Planning

PURPOSE OF REPORTTo consider the draft Melbourne Airport Master Plan 2013, and provide feedback to Melbourne Airport on the content of the draft Master Plan.

RECOMMENDATION:That Council submits this report to the Melbourne Airport as part of its submission to the Preliminary Draft Melbourne Airport Master Plan 2013, and in its accompanying letter indicate that Council:

1. Supports the development of the Melbourne Airport Master Plan 2013, as the success of the City of Melton’s economy is in part tied to the operational capacity of the Melbourne Airport.

2. Supports the development of the third runway in the east-west orientation, and the fourth runway in the north-south orientation.

3. Supports the development of tools within the Victoria Planning Provisions that protect the Prescribed Airspace of Melbourne Airport, subject to Council reserving the right to comment on any proposed changes to the Victoria Planning Provisions.

4. Understands that alternative noise contours are being investigated to deal with aircraft noise by the Commonwealth Government. Council reserves the right to comment on any alternative / supplementary planning controls regarding aircraft noise in the future.

5. Provides in principle support that the Urban Growth Boundary (UGB) should not be expanded for residential purposes in areas subject to the Melbourne Airport Environs Overlay (MAEO), however it will reserve the right to advocate for the expansion of the UGB for employment purposes in areas subject to the MAEO.


CARRIED

REPORT

1. Executive SummaryMelbourne Airport has prepared its Preliminary Draft Master Plan (2013), which outlines its vision and strategic intent for Melbourne Airport’s future for the next 20 years. The draft Master Plan is available for public comment until 21 August 2013.

Over the next twenty years Melbourne Airport expects the number of aircraft, passengers and freight handled by the airport to increase, and therefore it is planning to increase its operational capacity to cope with:

An increase from 210,000 annual aircraft movements to 380,000;

An increase from 29.1 million passengers per annum to 64.37 million;

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An increase from 60 aircraft movements an hour to 80; and

An increase from 250,000 tonnes of international freight per annum to 393,000.

The projected increases in passenger and freight movements are influenced by global economic growth, Australian economic growth, and population increase forecasts in the State of Victoria.

In order to cope with the increased demand for international air freight and passenger movements it has been identified that Melbourne Airport will need to deliver a third runway, as the current two runways will reach capacity between 2018 and 2022. The fourth runway is not expected to be required until 2040.

At present Melbourne Airport has a competitive edge over other airports in Australia through its 24 hour curfew free status. Melbourne Airport and the Victorian State Government will continue to plan to ensure that the airport retains its curfew free status as the Airport is a major contributor to the economy of Victoria.

9% of the 14,300 people working in jobs related to the Melbourne Airport reside in the City of Melton.

2. Background/IssuesThe Melbourne Airport Master Plan 2013 provides a vision and strategic direction to increase the operational capacity of Melbourne Airport. In order to cope with the projected increases in demand for passengers and international freight a third runway will need to be delivered within ten years, and other changes will need to be made to the airport to allow it to process additional aircraft movements.

The Master Plan will provide for the orderly expansion of the Airport through a series of plans:

Airside Development Plan

This plan seeks to maximise the operational advantage of being a single terminal precinct, and allow additional aircraft movements. It is planning for the development of a third runway in the east-west orientation between 2018 and 2022, and a fourth runway around 2040 (north-south orientation).

Terminals and Aviation Support Facilities Development Plan

This plan seeks to improve the terminals to service increases in passenger numbers. It plans to place all passenger terminals under one roof.

Non-Aviation Development Plan

This plan seeks to protect the airport’s long term viability, and allow it to provide world-class facilities. It seeks to provide for the orderly development of the Business Park, the Cargo Estate, and the Gateway Site.

Ground Transport Plan

This Plan seeks to provide for expansions to the road networks to alleviate congestion, as well as improvements to public transport. Improvements include the construction of a single direction elevated loop road starting and ending at the Tullamarine Freeway providing intersection free access to the terminal precincts (work expected to start on this in 2015), building an additional connection to the M80 Ring Road (work commencing 2013), and the reservation of land for a rail link.

Infrastructure Development Plan

Provide for the development of infrastructure to service the needs of the expanded airport.

Environment Strategy

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This Strategy seeks to limit the environmental impact of the Airport and promote sustainability.

Airport Safeguarding Strategy

This strategy is of the most interest to Melton City Council.

The Master Plan seeks to provide a framework that will continue to maintain, protect and support Melbourne Airport’s ongoing operations, as well as balancing the needs of communities surrounding the airport. This is primarily done through aircraft noise and airspace protection measures.

The Master Plan identifies that it is important to protect the airport’s curfew-free status for the good of the airport operations and the Victorian State Economy.

Aircraft Noise Management

The site of the airport was originally selected to minimise the impact of aircraft noise on surrounding areas. In recent years urban development has begun to get closer to the airport and under its flight paths. If urban development is not carefully managed it can impact upon the operation of the airport and its curfew-free status.

The Melton Planning Scheme has the Melbourne Airport Environs Overlay (MAEO) which is related to noise contours informed by the Australian Noise Exposure Forecast (ANEF). The ANEF chart shows the total noise exposure over a 12-month period divided by 365 to show an average annual day. The ANEF contours in the MAEO are based on the contours developed in 2003 for the Airport (these contours take into consideration the location and design of the proposed four runways).

The ANEF contours are currently being reassessed (2013), and show an overall reduction of area from the 2003 contours in the Melton Planning Scheme, refer Appendix 1. After the 2013 ANEF contours are finalized by the Commonwealth Government the State Government has indicated that it intends to alter the MAEO to coincide with the new contours.

Given that the proposed changes to the MAEO to reflect the revised contours in 2013 are likely to reduce the overall extent of the MAEO, it is recommended that Council support the use of the 2013 ANEF contours.

Melbourne Airport has indicated that most noise complaints come from areas outside of the published ANEF contours. Melbourne Airport has recommended that additional planning tools be developed to better support the airport’s ongoing operation and to protect surrounding communities.

The Commonwealth Government is currently exploring the use of a new aircraft noise metric system to complement the ANEF noise contours.

The new system is based on noise contours which show the expected number of aircraft noise events per day above 60 decibels, 65 decibels and 70 decibels at ground level outside of a building. Sound at 60 decibels is a conversation in a restaurant or office setting. Sound at 70 decibels is the noise of a typical television, radio or vacuum cleaner.

Little is known at this stage whether this new system would be introduced to the Victoria Planning Provisions (VPP) and the Melton Planning Scheme. If it was introduced to the VPP it is unclear how it may seek to control land use or development. On this basis it is therefore recommended that Council reserves the right to comment on the new system of aircraft noise metrics at a later date if new controls are proposed to be implemented in the VPP.

Airspace Protection

Melbourne’s Airspace is protected from physical intrusion (such as tall buildings and structures) and non-physical intrusion (such as bright lights and chimney discharges) by the Airports (Protection of Airspace) Regulations 1996.

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It is recognized that there is no mechanism in the Victoria Planning Provisions or the Melton Planning Scheme that control heights of structures to ensure they do not breach the Prescribed Airspace.

The Master Plan recommends that the planning system should be altered to protect the Prescribed Airspace.

It is recommended that Council should support the exploration of changes to the Victoria planning system to protect Prescribed Airspace, though Council reserves the right to comment on any changes to the VPP.

Improving Airport Safeguarding

Many airports across Australia have had their operations restricted as urban development has encroached. Melbourne Airport would like improvements made to the safeguarding regime to restrict urban development in close proximity to the Airport’s operations areas to avoid restrictions on the airport.

Melbourne Airport has recognized that not all urban growth will affect the airport’s operations. The safeguarding regime should balance the growth of the airport, with the growth of the urban area of Melbourne.

The Western Plains North Green Wedge is a key airspace access corridor for Melbourne Airport. The Master Plan seeks to limit development in this area and resists the movement of the Urban Growth Boundary in this area.

Council made representations to the Urban Growth Boundary Logical Inclusions Advisory Committee and the Growth Areas Authority in July 2011 that:

the land between Hillside and Diggers Rest Township should be included within the Urban Growth Boundary as an employment area of State significance (often referred to as the Plumpton Employment Corridor); and

the land to the west of Hillside be included in the Urban Growth Boundary for residential expansion, given the proposed changes to the MAEO.

It is recommended that Council provides in principle support that the Urban Growth Boundary not be expanded for residential purposes in areas subject to the MAEO, however it will continue to support the use of land for employment purposes in areas subject to the MAEO. It is noted that any changes to the location of the Urban Growth Boundary is subject to separate processes from this Master Plan.

Recommendations

It is recommended that Council submit this report to the Melbourne Airport as part of its submission to the Preliminary Draft Melbourne Airport Master Plan 2013, and in its accompanying letter indicate that Council:

Supports the development of the Melbourne Airport Master Plan 2013, as the success of the City of Melton’s economy is in part tied to the operational capacity of the Melbourne Airport.

Supports the development of the third runway in the east-west orientation, and the fourth runway in the north-south orientation.

Supports the development of tools within the Victoria Planning Provisions that protect the Prescribed Airspace of Melbourne Airport, subject to Council reserving the right to comment on any proposed changes to the Victoria Planning Provisions.

Understands that alternative noise contours are being investigated to deal with aircraft noise by the Commonwealth Government. Council reserves the right to comment on any alternative / supplementary planning controls regarding aircraft noise in the future.

Provides in principle support that the Urban Growth Boundary (UGB) should not be expanded for residential purposes in areas subject to the Melbourne Airport Environs

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Overlay (MAEO), however it will reserve the right to advocate for the expansion of the UGB for employment purposes in areas subject to the MAEO.



1.3 Generate an innovative local economy that stimulates opportunities for investment, business and training.


2.5 Advocate in the best interests of our community and region

4. Financial ConsiderationsMelton City Council’s proximity to the Melbourne Airport is identified as being a competitive advantage for businesses establishing themselves in the municipality. It is therefore in the interests of Council to facilitate the ongoing development of the Airport, whilst balancing this against the social cost of this development through increased aircraft noise.

Increasingly as the employment base of the City of Melton grows in the areas of logistics and manufacturing the economic growth of the City will be tied to improvements to the operational capacity of the Melbourne Airport.

5. Consultation/Public SubmissionsThe Draft Melbourne Airport Master Plan 2013 is currently available for public comment (20 May to 21 August 2013).

The City of Melton’s residential and business communities are invited to make their own submissions to Melbourne Airport.

Following the public comment period and the consideration of comments from the public and interested stakeholders, the Draft master Plan will be submitted to the Federal Minister for Infrastructure and Transport for approval.

6. Risk AnalysisThere is uncertainty on whether the State Government will tighten restrictions under the flight paths of Melbourne Airport in order to improve the safeguarding arrangements of the Melbourne Airport. However it is noted that this will be subject to a different process and it is likely that Council would have an opportunity to comment on any changes to Planning Scheme controls on land under the flight paths if this were to arise.

7. OptionsThere are three options available for Council applicable to the Draft Melbourne Airport Master Plan 2013. Council can:

1. Choose not to make a submission to Melbourne Airport;

2. Make a submission in lines with the recommendations of this report; or

3. Make an altered submission to that recommended in this report.

LIST OF APPENDICES

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1. Appendix 1 - ANEF Contour comparison 2003 and 2013

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8.12 MELTON HIGHWAY ADVISORY COMMITTEE MEETING - 4 JULY 2013Author: Les Stokes- Engineering Services Manager

Presenter: Luke Shannon- General Manager Planning and Development

PURPOSE OF REPORTTo consider the minutes of the Melton Highway Advisory Committee Meeting of 4 July 2013.

RECOMMENDATION:That Council endorse the recommendation of the Melton Highway Advisory Committee, as outlined in the minutes of the meeting (refer Appendix 1).


CARRIED

REPORT

1. Executive SummaryThe Melton Highway Advisory Committee met on 4 July 2013. The committee made a recommendation to Council as detailed in Appendix 1.

2. Background/IssuesThe Committee was established at the 3 March 2011 Ordinary Meeting of Council.

To date the committee has established the following issues as being short term issues that need to be addressed:

Kororoit Creek cutting alignment;

Leakes Road Intersection.

In addition to these short term priorities the following longer term issues have been identified by the Committee:

Duplication from Plumpton Road to The Regency.



1.5 Support a transport system that connects and moves our community

2. A Well Governed and Leading Organisation: Operating with innocation, transparency, accountability and sustainability

2.5 Advocate in the best interest of our community and region.

4. Financial ConsiderationsNot applicable.

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5. Consultation/Public SubmissionsNot applicable.

6. Risk AnalysisThere are no risks directly associated with the issues within the report.

7. OptionsCouncil has the option of adopting the recommendation of the committee (in full or in part), or alternatively to not accept the recommendation.

LIST OF APPENDICES1. Minutes of Melton Highway Advisory Committee Meeting 4 July 2013

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8.13 ANNUAL ACCELERATED SEALING PROGRAMAuthor: Les Stokes- Engineering Services Manager


PURPOSE OF REPORTTo seek Council endorsement for the works proposed in the Annual Accelerated Sealing Program.

RECOMMENDATION:That Council endorse the roads for sealing as shown in Appendix 1 under the Accelerated Sealing Program for 2013/14 and beyond.

REPORT

1. Executive SummaryCouncil has committed $1 million in the 2013/14 financial year for the continuation of the Accelerated Road Sealing Program. This report seeks Council endorsement of the priority list of roads suitable under this program.

2. Background/IssuesIn the 2012/2013 financial year Council commenced an Accelerated Sealing Program in the Exford area. This program has recently seen the sealing of 6.3km of unsealed road on the following roads Murphy's Road, Telephone Road, Staughton Siding Road and Wollombi Road for approximately $1 million.

Accelerated Sealing is the application of a light weight seal to improve the amenity for local residents by eliminating dust from vehicles travelling on gravel road surfaces. It also provides improved ride quality and reduces existing maintenance requirements of Council.

For a road to be fully constructed it requires the application of crushed rock layers of depths typically around 500 mm, with a final seal applied to this surface. This is a costly exercise for Council, in the order of $2 million per kilometre. The Accelerated Sealing program in 2012/13 cost approximately $160,000 kilometre. This significantly cheaper application will not withstand high traffic volumes and will result in a greater maintenance burden to council having to continually patch and repair a failing sealed road. An accelerated seal should withstand traffic volumes in the order of 200 vehicles per day as a maximum.

Council has also recently trialled the application of a recycled asphalt pavement applied at a minimal depth on top of existing gravel road services with a spray seal then applied. This is another form of accelerated sealing and this trial is in Troup’s Road South and to date has withstood traffic volumes in the order of 250 vehicles per day.

Council Officers have analysed Councils road network and identified those roads which would be suitable for Accelerated Sealing. They are shown in Appendix 1 of this report. The total length of road deemed suitable is 50.1 kilometres. The roads shown as unsuitable for accelerated sealing have been omitted from the program either due to the likely significant

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increase in traffic volume following sealing or the roads are likely to be fully constructed by developers in the near future (i.e. within five years).

Council Officers are aware of significant pressure from the community to construct its gravel roads, particularly those on the fringes of urban development. It is important to note that these roads can and are being maintained in a safe and adequate manner.



2.2 Provide levels of service balance community needs with organisational capacity

3.7 Ensure our establishing new communities are well connected and supported

4. Financial ConsiderationsCouncil has allocated a budget of $1 Million for this financial year to continue the Accelerated Sealing Program. Officers intend to tender the project in coming months subject to Council endorsing the roads within the program for sealing.

5. Consultation/Public SubmissionsOfficers will consult with residents prior to the commencement of all works on adjoining Roads.

6. Risk AnalysisShould Council endorse the list provided, the risk of road failure and subsequent road safety issues is minimal due to the low traffic volumes on these roads. However the inclusion of roads that officers have deemed inappropriate will result in increased maintenance costs and potential road safety ramifications.

7. OptionsCouncil has the following options available:

1. Adopt the officer's recommendation in this report

2. Include other roads within the program.


Map - Accelerated Sealing Program

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8.14 ROAD 2 ZERO ACTION PLAN 2013-2016Author: Matthew Hutchinson- Design and Traffic Coordinator


PURPOSE OF REPORTTo seek Council endorsement of Melton City Council’s Community Road Safety Strategy Action Plan for a further 4-year period 2013-2016 ‘Road 2 Zero Action Plan 2013-2016’.

RECOMMENDATION:That Phase 2 of the Community Road Safety Strategy Action Plan ‘Road 2 Zero Action Plan 2013-2016’ is endorsed by Council (Appendix 1).


CARRIED

REPORT

1. Executive SummaryIn May 2009, Council adopted a 10-year Road Safety Strategy ‘Road 2 Zero’ 2009-2018 with a three year Action Plan 2009-2011. This initial Action Plan met all targets with positive outcomes. This report presents the 2013-2016 Action Plan for adoption by Council.

2. Background/IssuesMelton City Council embraces the successful local and state road safety strategies that are already proven to reduce casualties on the roads. These strategies and the supporting actions involve a combination of law enforcement, road safety initiatives, partnerships with Vic Police and other road safety agencies. Road safety and the health and wellbeing of our community continue to be a priority as highlighted in the Council Plan.

The aim of the road safety action plan was to deliver road safety initiatives that would reduce the frequency of road trauma and have greater than 30% reduction per capita of serious and fatal crashes compared to 2002-2007 data. To date, through the initial 3-year action plan this target has been met. It is therefore essential that Council updates the action plan for a further 4 year period. Council will provide programs that increase awareness and assist our diverse community to understand the road safety issues in the Melton City along with the extra challenge that we face with our high growth.


3.6 Create a safer community through building a sense of belonging and community pride

4. Financial ConsiderationsThe delivery of the actions within this plan will be funded using an existing allocation within Council’s budget for road safety programs. Council Officers will also look to maximise external funding opportunities and support from other road safety partners, such as; TAC,

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RoadSafe Westgate, VicRoads and the Victorian Community Road Safety Partnership Program.

5. Consultation/Public SubmissionsThe ‘Road 2 Zero’ Action Plan 2013-2016 was developed in consultation with a working group that included representatives from the ‘Road 2 Zero’ Steering Committee.

The ‘Road 2 Zero’ Steering Committee includes membership from Melton City Council Councillors and various Council Officers, Vic Police, DEECD, Djerriwarrh Community and Education Services and RoadSafe Westgate.

6. Risk AnalysisThere is very little risk associated with endorsing the action plan. If the plan was not endorsed there could be impacts on road safety in broad range of areas.

7. Options1. Accept the Road 2 Zero Action Plan 2013-2016

2. Do not accept the Action Plan


Road 2 Zero Action Plan 2013-2016

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8.15 CALDER HIGHWAYAuthor: Les Stokes- Engineering Services Manager


PURPOSE OF REPORTTo seek Council endorsement for the works priorities outlined by the Calder Highway Improvement Committee, and to update Council on the current speed restrictions on the Calder Highway in the vicinity of the City of Melton.

RECOMMENDATION:That Council;

1) Write to the Federal Minister of Infrastructure Transport and all local Federal members of Parliament supporting the Calder Highway Improvement Committees priorities being:-

a) Calder alternate Highway interchange at Calder Highway, Ravenswood.

b) Calder Park Drive interchange at the Calder Highway.

2) Note the current speed zones on the Calder Highway in the vicinity of the City of Melton.


CARRIED

REPORT

1. Executive SummaryCouncil is a member of the Calder Highway Improvement Committee and has been involved in the identification of improvement projects along the length of the Calder Highway. The priority projects identified by the committee for endorsement by councils are as follows:

1) Calder alternate Highway interchange at Calder Highway, Ravenswood.

2) Calder Park Drive interchange at the Calder Highway.

Interim safety improvements have been carried out by VicRoads in previous years to decrease the risk of fatal and serious injury crashes. These treatments are considered appropriate by council officers as an interim treatment until such time as the Calder Park Drive Freeway Interchange is funded and constructed.

2. Background/IssuesCouncil is a member of the Calder Highway Improvement Committee. The Committee consists of municipalities along the full length of the Calder Highway between Mildura and Melbourne, VicRoads and Community Representatives. At the Committee's last meeting it resolved to continue to advocate for priority improvements along the Calder Highway. The Committee reviewed and confirmed its priorities as being:

1) Calder alternate Highway interchange at Calder Highway, Ravenswood.

2) Calder Park Drive interchange at the Calder Highway.

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The Committee has for sometime been strong in its advocacy efforts to Government providing a consistent view of its priorities regardless of their location. The strength of a united position on priority works along the full length of the Calder Highway has resulted in significant success in gaining funding. Most recently the committee played a lead role in advocating for the Kings Road interchange which is now open to traffic.

The Calder Alternate Highway interchange at Ravenswood just south of Bendigo is considered the highest priority. Calder Alternate Highway carries many long-distance freight vehicles bypassing Bendigo towards Mildura and Swan Hill. The estimated cost of interchange is $55 million and land to accommodate it has already been reserved in the local planning scheme.

The intersection has a high accident rate with 21 casualty crashes at the intersection including two fatal and 11 serious injury crashes. The interchange was also considered a priority in the Victorian Government document "Victoria's priority infrastructure submission to Infrastructure Australia".

The Calder Park Drive Interchange is considered the second highest priority by the committee. This intersection also has a high accident rate with 23 casually crashes occurring, including one fatality and eight serious injury crashes. More recent intersection and traffic control modifications have improved safety including the implementation of an 80 kph speed zone on the western side of the highway (i.e. Bendigo bound). The construction of this interchange will greatly improve safety, remove the 80 kph speed limit and upgrade the Highway to a Freeway status. This interchange was also considered a priority in the Victoria Government document “Victoria's priority infrastructure submission to Infrastructure Australia".

Notice of Motion 350 called for Council to be provided with a history regarding the designated speed limit on the Calder Highway. Approximately 5 years ago VicRoads introduced a series of interim safety measures to the then at grade intersections on the Calder Highway including Calder Park Drive. These works involved the modification to turning movements particularly right turn movements in an out of-Calder Park Drive and the introduction of an 80kph speed zone. These measures were interim only and will be removed upon the construction of the Calder Park Drive/Calder Freeway interchange. Council officers support this speed zone due to the risk of serious and fatal injuries on this section of Road.



2.5 Advocate in the best interest of our community and region

4. Financial ConsiderationsThere are no financial impacts on Council in the consideration and adoption of these recommendations.

5. Consultation/Public SubmissionsThe Calder Highway Improvement Committee includes representation of Community Members along the Calder Highway corridor.

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6. Risk AnalysisThere are no risks associated with Council adopting these recommendations within this report.

7. Options1. That Council adopt the recommendations of this report.

2. That Council choose to only advocate for the improvements in the vicinity of Melton i.e. the construction of the Calder Park Drive/Calder Freeway Interchange.

LIST OF APPENDICESNil

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8.16 DELEGATIONS OF AUTHORITY EXERCISED - 1 JANUARY 2013 TO 31 JULY 2013

Author: Christie Shields- Governance OfficerPresenter: Peter Bean- General Manager Corporate Services

PURPOSE OF REPORTTo advise Council of Delegations of Authority exercised for the period 1 January 2013 to 30 June 2013.

RECOMMENDATION:That the report be received for information.

REPORT

1. Executive SummaryDelegations exercised for the period 1 January 2013 to 30 June 2013 are detailed in Appendices 1, 2 and 3.

2. Background/IssuesCouncil at its meeting held on 25 June 2013 reviewed and updated its Delegations of Authority. Section 98 of the Local Government Act 1989 sets out that:

A Council may by Instrument of Delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act other than -

1. This power of delegation; and

2. The power to declare a rate or charge; and

3. The power to borrow money; and

4. The power to approve any expenditure not contained in a budget approved by the Council; and

5. Any power, duty or function of the Council under Section 223; and

6. Any prescribed power.

The Chief Executive may also delegate any power to a member of Council staff to exercise any of his duties, powers or functions, except for his power to delegate.

Attached as Appendices 1, 2 and 3 are the delegations for the period 1 January 2013 to 30 June 2013. They are set out in three categories, General, Planning and Building.



2.6 Ensure timely compliance with statutory and regulatory obligations.

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4. Financial ConsiderationsThere are no financial considerations regarding this report.

5. Consultation/Public SubmissionsThere is no requirement for consultation or public submissions in consideration of this item.

6. Risk AnalysisReporting to Council significant delegations exercised by Officers provides oversight and limits the risk of inappropriate use of delegated authorities.

7. OptionsThere are no options in consideration of this item.

LIST OF APPENDICES1. Various Delegations exercised

2. Planning

3. Building

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8.17 MEETING PROCEDURE LOCAL LAW (2013)Author: Tracy Spiteri- Governance Coordinator

Presenter: Daniel Hogan- Customer Engagement Manager

PURPOSE OF REPORTTo make Meeting Procedure Local Law (2013) as set out and contained in Appendix 1.


1. Having received no submission in accordance with section 223 of the Local Government Act 1989 (the Act) and having complied with the necessary statutory procedures in accordance with section 111 and 119 of the Local Government Act 1989, Council resolve to make Meeting Procedure Local Law (2013) as attached at Appendix 1.

2. Upon signing and sealing of the Meeting Procedure Local Law (2013) the Meeting Procedure Local Law (2004) is hereby revoked.

3. Give notice in the Government Gazette and a public notice in newspapers generally circulating within the municipal district stating the purpose and general purport of the Meeting Procedure Local Law (2013).

4. Forward a copy of the signed and sealed Meeting Procedure Local Law (2013) to the Minister for Local Government.

5. Note the person holding the position of General Manager Corporate Services is the authorised officer for the purposes of enforcing this Local Law.


CARRIED

REPORT

1. Executive SummaryCouncil resolved at the Ordinary Meeting 28 May 2013 to commence the statutory process for the making of a new Meeting Procedure Local Law (2013).

Public notices were placed in the Government Gazette and newspapers generally circulating in the municipality seeking submissions in accordance with section 223 of the Local Government Act 1989 (the ‘Act’) (Appendix 2).

2. Background/IssuesSection 111 and 91 of the Act provides for Council to make Local Laws for or with respect to any Act, matter or thing in respect of which Council has a functional power under the Act or any other Act, and in order for the proper conduct of meetings of the Council and Special Committees.

The existing Meeting Procedure Local Law No 2 (2004) was adopted 20 December 2004 and is due to expire in 2014, unless otherwise revoked by Council. The current Meeting Procedure Local Law No 2 (2004) has not been subject to any amendments since it was made in 2004.

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Recent changes to the Act through the introduction of the Local Government Legislation Amendment (Miscellaneous) Act 2012, have made it necessary to review and update current Local Laws within Council, including the Meeting Procedure Local Law No 2.

Public notices were published in the Leader Newspaper (Melton & Eastern Edition) and the Weekly Newspaper on 4 June and in the Government Gazette on 6 June (Appendix 2). The notices advised of Council’s intent to establish a new Meeting Procedure Local Law (2013) and called for written submissions from any person possibly affected by the proposal to be received within 30 days, no later than 5pm, Thursday 4 July 2013.

Any person making a written submission could further request that they be heard at a meeting of Council at 6.30pm on Tuesday 9 July 2013.

A draft Meeting Procedure Local Law (2013) including a Community Impact Statement setting out prescribed details in relation to the Local Law was made available for inspection (or could be obtained) from the Melton Civic Centre and the Caroline Springs Civic Centre/Library, and was also available on the Council website.

No written submissions were received.



2.6 Ensure timely compliance with statutory and regulatory obligations

4. Financial ConsiderationsThere is minimal financial consideration, although some costs will be incurred during the public consultation process.

5. Consultation/Public SubmissionsSection 119 of the Act outlines the procedure for making a local law. These are:

(2) The Council must give a notice in the Government Gazette and a public notice stating—

(a) the purpose and general purport of the proposed local law; and

(b) that a copy of the proposed local law and any explanatory document can be obtained from the Council office; and

(c) that any person affected by the proposed local law may make a submission relating to the proposed local law under section 223.

(2A) The Council must ensure that—

(a) a copy of the proposed local law; and

(b) an explanatory document setting out prescribed details in relation to the local law—

is available for inspection at, and obtainable from, the Council office during ordinary business hours.

(3) After a local law has been made the Council must give a notice in the Government Gazette and a public notice specifying—

(a) the title of the local law; and

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(b) the purpose and general purport of the local law; and

(c) that a copy of the local law may be inspected at the Council office.

(4) After a local law has been made the Council must send a copy to the Minister.

Council has complied with sections 119(2)(2A).

In accordance with section 119(3), it is intended that a public notice will be published in all local newspapers generally circulating in the municipality on 30 July 2013, and a Government Gazette notice will be published on Thursday 1 August 2013.

A copy of the signed and sealed document will be forwarded to the Minister for Local Government after the Government Gazette notice is published in accordance with section 119(4) of the Act.

6. Risk AnalysisCouncil risk non-compliance with the Local Government Act 1989 if an update of the existing Meeting Procedure Local Law No 2 (2004) is not completed to recognise changes introduced by the Local Government Legislation Amendment (Miscellaneous) Act 2012.

Should Council not accept the recommendation to make a new Meeting Procedure Local Law (2014) as attached at Appendix 2, there is a risk that the current Meeting Procedure Local Law No 2 (2004) will expire. With a period of 42-60 days minimum required for reporting processes, public consultation and the hearing of submissions, there is a risk that any further delay to adopt a meeting procedure will leave Council without a current statutory document to regulate and provide for the orderly and fair conduct at all Council meetings, Special Committee meetings, Advisory Committee meetings and other meetings conducted by or on behalf of Council.

7. Options1. Refuse the recommendation and take no action;

2. Accept the recommendation and finalise the necessary statutory processes for the making of Meeting Procedure Local Law (2013).

LIST OF APPENDICES1. Meeting Procedure Local Law (2013)

2. Public Notices - Proposal for new Local Law

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8.18 VICTORIAN LOCAL GOVERNMENT WOMEN'S CHARTERAuthor: Tracy Spiteri- Governance Coordinator


PURPOSE OF REPORTFor Council to reaffirm its commitment to the Victorian Local Government Women’s Charter and endorse a Charter Champion and Women’s Charter Action Plan.

RECOMMENDATION:That Council:

1. Reaffirm its commitment to the Victorian Local Government Women’s Charter (Appendix 1) as a sign of positive local leadership.

2. Endorse the implementation of an Annual Action Plan (Appendix 2).3. Nominate all Councillors to act as Charter Champions on behalf of Melton City Council.

4. Write to the Women’s Participation in Local Government Coalition (WPILGC) acknowledging its efforts to promote more active citizenship for women, and advise the WPILGC of Councils continuing support of the Women’s Charter through an Annual Action Plan.


CARRIED

REPORT

1. Executive SummaryCouncil adopted the Victorian Local Government Women’s Charter at the Ordinary Meeting of Council 13 October 2011. The Charter promotes three key principles of good local governance being: Gender equity, Diversity and Active citizenship.

As part of their work, the Women’s Participation in Local Government Coalition (WPILGC) is seeking the support of all Councils to formally endorse and recognise the Charter, and to nominate a Charter Champion to be a local advocate and to encourage the participation of Councillors, Officers and the community.

2. Background/IssuesAt its Ordinary Council Meeting of 13 October 2011, Council endorsed the following motion:

“That Council officially endorse the Victorian Local Government Women’s Charter and notes Council’s commitment to the principles of gender equity, diversity and active citizenship”.

The Charter, developed in 1996, aims to support women’s political and civic participation. It is unique to Victoria, and supported by the Municipal Association of Victoria (MAV), Victorian Local Government Association (VLGA) and the State Government.

The three (3) principles of the Victorian Local Government Women’s Charter are:

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Gender equity: That women and men have an equal right to be representatives in local governments, committees and decision making positions.

Diversity: The inclusion of different experiences and perspectives in local government and community decision-making strengthens local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome the participation of all women.

Active citizenship: Local governments will work with the community to increase the numbers and participation of women in public life, so that decision-making more clearly represent and reflects the interests and demographics of communities.

The charter is consistent with state, national and international protocols which highlight equal rights and opportunities as central to good local governance including the:

Declaration on the Role of Australian Local Government (1997)

Worldwide Declaration on Women in Local Government (1998)

Victorian Code of Good Governance (2000)

National Framework for Women in Local Government 2007

Victorian Human Rights and Responsibilities Charter 2006.

It is proposed that Council support their affirmation of commitment by:

Nominating a Charter Champion as a local advocate for the Charter’s implementation and to encourage the participation of Councillors, Officers and the community in local events.

Endorse an initial Melton City Council - Women’s Charter Annual Action Plan at Appendix 2 that commits Council to undertake particular activities to demonstrate its commitment to the principles of the Charter (based upon the Victorian Local Government Women’s Charter Checklist tool – 3 x 3 Action Plan)



2.3 Facilitate community engagement in planning and decision making.

3. Diverse, Confident and Inclusive Communities: A culturally rich, active, safe and connected City.

3.2 Build resilient people and communities through opportunities to participate in community life.

4. Financial ConsiderationsThere are no additional costs associated with endorsement of the Charter. Annual Action plan items will be delivered within existing resources. Any specific new initiatives will be subject to the normal Council budget planning and prioritisation processes.

5. Consultation/Public SubmissionsThere is no requirement for Council to seek public submissions in relation to the proposed endorsement of the Victorian Local Government Women’s Charter.

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6. Risk AnalysisShould Council accept the recommendations and not provide the appropriate organisational resources to fulfil the Women’s Charter Annual Action Plan, a risk exists that Council may not be able to deliver upon its commitment.

7. OptionsCouncil has a number of options available:

1. Endorse the recommendations as put.

2. Offer an alternative motion to the recommendation put.

4. Reject the recommendations and take no further action.


Victorian Local Government Women's Charter

2.

Victorian Local Government Women's Charter - Annual Action Plan

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9. REPORTS OF COMMITTEES

Nil.

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10. REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES

10.1 PRESENTATION OF WRITTEN AND VERBAL REPORTS FROM COUNCILLORS IN THEIR ROLE AS DELEGATES TO OTHER BODIES

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10.2 PARLIAMENTARIAN AND DEPARTMENTAL LETTERS RECEIVED BY THE MAYOR

Mr Ian Dobbs, Chief Executive, Public Transport Victoria – Melton Rail Duplication

RECOMMENDATION:That the Parliamentarian and Departmental letters received by the Mayor be received and noted.

LIST OF APPENDICES1. Correspondence from Public Transport Victoria

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10.3 RECORD OF ASSEMBLY OF COUNCILLORS ATTACHED TO THIS AGENDA IN ACCORDANCE WITH SECTION 80A(1) OF THE LOCAL GOVERNMENT ACT 1989




RECOMMENDATION:That the Record of Assembly of Councillors attached to this Agenda dated 2 July, 9 July and 16 July 2013 be received and noted.



2.


3.

16 July 2013 Record of Assembly

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11. NOTICES OF MOTION

11.1 NOTICE OF MOTION 364 (CR MAJDLIK) LOCAL WOMEN'S RECOGNITION AWARD

Author: Matthew Wilson- Manager Family Youth and HousingCouncillor: Kathy Majdlik

MOTION:That a report be provided to Council to investigate a ‘Local Women’s Recognition Award’, that recognises the great contributions the women of our community make to our great municipality.

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11.2 NOTICE OF MOTION 365 (CR MAJDLIK) SISTER CITY PROGRAM

Councillor: Kathy Majdlik

MOTION:That a report be provided to Council on a potential program for Melton City Council to establish a ‘Sister City Program’, and the potential benefits this will provide to the Melton Community, with a suitable municipality in China or other suitable country.

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12. COUNCILLOR’S QUESTIONS WITHOUT NOTICE

Nil.

13. MOTIONS WITHOUT NOTICE

Nil.

14. URGENT BUSINESS

Nil.

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CONFIDENTIAL SESSION - ORDINARY MEETING OF COUNCIL 23 JULY 2013

15. CONFIDENTIAL BUSINESSProcedural MotionThat pursuant to Section 89(2) of the Local Government Act (1989) the meeting be closed to the public to consider the following reports, that are considered confidential for the reasons indicated

15.1 Property Development Advisory Committee (PDAC) Meeting 29This report is confidential in accordance with s89(2)(d)as it relates to contractual matters

15.2 2013/2015 Culturally and Linguistically Diverse Advisory CommitteeThis report is confidential in accordance with s89(2)(b)as it relates to a matter which council considers prejudicial to council or any person

15.3 Tender of Municipal Loan 174This report is confidential in accordance with s89(2)(d)as it relates to contractual matters

15.4 CEO's Periodical Assessment Report This report is confidential in accordance with s89(2)(a)as it relates to personnel matters:

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FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONORDINARY MEETING OF COUNCIL 23 JULY 2013The Council considered item 15 of the agenda in the Committee Room.

Procedural MotionCrs Ramsey/Dunn.

That recommendations as printed in items 15.1, 15.2 and 15.3 be adopted in block.

CARRIED

15.1 PROPERTY DEVELOPMENT ADVISORY COMMITTEE (PDAC) MEETING 29Author: Michael Tudball- Growth Areas Executive


PURPOSE OF REPORTTo consider the minutes of the Property Development Advisory Committee from 2 July 2013 (meeting number 29).

RECOMMENDATION:That Council endorse the recommendations of the Property Development Advisory Committee, as outlined in the minutes and attachments of the meeting held on the 2 July 2013 (refer Appendix 1).

Crs Ramsey/Dunn. That the recommendation be adopted.

CARRIED

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FOI EXEMPT AND NOT AVAILABLE FOR PUBLIC INSPECTIONORDINARY MEETING OF COUNCIL 23 JULY 2013

15.2 2013/2015 CULTURALLY AND LINGUISTICALLY DIVERSE ADVISORY COMMITTEE

Author: Adamu Tefera- Intercultural Development OfficerPresenter: Maurie Heaney- General Manager Community Services

PURPOSE OF REPORT

To present Council recommendation on the appointment of committee membership for Council’s Cultural and Linguistically Diverse Advisory Committee (CALDAC).


1. Endorse appointments to the Culturally and Linguistically Diverse Advisory Committee as provided at Appendix 1.

2. Endorse three (3) excess applicants to be offered interim committee positions with full voting rights for a period of 12 months.


CARRIED

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15.3 TENDER OF MUNICIPAL LOAN 174Author: Shan Thurairajah- Manager Finance


PURPOSE OF REPORTFor Council to consider the tender process related to Municipal Loan 174.

RECOMMENDATION:That:

1. Council takes up Municipal Loan 174 for $7,500,000 from the Commonwealth Bank of Australia at the current 90 day BBSW rate plus 0.65% as per the letter of offer received from CBA.

2. The draw down date of the loan will be 1 August 2013.

3. The mortgage documents prepared by Commonwealth Bank of Australia be signed and sealed by Council.

4. Council authorise the Chief Executive Officer and General Manager Corporate Services to sign the loan documentation on behalf of Council.


CARRIED

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15.4 CEO'S PERIODICAL ASSESSMENT REPORT Presenter: Peter Bean- General Manager Corporate Services

Having declared a conflict of interest in item 3 of the agenda, the Chief Executive left the Chamber prior to discussion taking place and took no further part in the meeting.

All staff, except the General Manager Corporate Services, left the Chamber and took no further part in the meeting.

PURPOSE OF REPORTTo inform the Council of the Review Panels periodical assessment for the Chief Executive Officer.

RECOMMENDATION:That the information in the report and attachments, at Appendix 1, be noted.

Crs Majdlik/Ramsey. That the recommendation be adopted.

CARRIED

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The meeting was not reopened to the public.

16. CLOSE OF BUSINESSThe meeting closed at 8.01pm.

Confirmed

Dated this

............................................................................CHAIRPERSON

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